JAIGY ORAON Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) HEARD.

(2.) PETITIONERS have prayed for quashing the order dated 27. 2. 2006 passed by the Additional District Judge-cum-Motor accidents Claims Tribunal, Lohardaga in compensation Case No. 255 of 2000 by which the learned Claims Tribunal allowed the petition dated 17. 12. 2005 filed by New india Assurance Co. Ltd. and directed the petitioners to implead the owner and insurer of the scooter, on which petitioners' son was travelling as pillion rider as opposite parties in the compensation case.

(3.) LEARNED counsel for the petitioners submitted that the charge-sheet has been submitted only against the driver of the offending truck bearing registration No. BR 14-G 1711, the owner and the insurer whereof are already parties in the case. He further submitted that if the impugned order is allowed to stand, it will cause unnecessary delay in disposal of the compensation case which has been filed by the petitioners for claim against death of their son. He lastly submitted that petitioners are ready to proceed with compensation case at their own risk without impleading the owner and insurer of the scooter in question as they can be examined as witnesses by the parties.