NAVYUG OIL Vs. NATHI DEVI

JUDGEMENT

(1.) Respondent Nos. 1 to 7 preferred a claim petition before the learned Motor Accidents Claims Tribunal, Jaipur (for short 'the Tribunal') seeking compensation from the appellant, the owner of the vehicle and the respondent No. 8, driver of the vehicle and the respondent No. 9, insurer of the vehicle for the death of Hari Ram in the accident dated 13.7.1988 involving the vehicle in question. The learned Tribunal awarded a total compensation of Rs. 2,22,200, the liability of the insurer, respondent No. 9, was made limited to Rs. 1,50,000 and for the remaining amount, the owner appellant was made liable along with the interest at the rate of 12 per cent from the date of the claim petition, feeling aggrieved by the award dated 30.3.1991 the owner appellant has preferred this appeal.

(2.) I have heard the arguments of both the sides.

(3.) At the request of the claimants, the proceedings against the driver were dropped. The learned counsel for the appellant had argued that since the driver has been dropped from the claim petition, the award is not maintainable against the owner. In my opinion, the contention of the learned counsel for the appellant is not tenable. The liability of the owner does not cease because a driver has not been made a party to the claim petition or has been dropped in the petition. I am fortified by the decisions in Badri Narain Prasad v. Anil Kumar Gupta, AIR 1979 Patna 204 and Babu Singh v. Champa Devi, 1974 ACJ 168 (Allahabad). In these decisions, it has been held that the liability of the owner does not cease because the driver has not been made a party to the claim and the claim petition against the owner and the insurer without joining the driver, is maintainable.