Telangana High Court
Bussu Ravi Teja vs G. Mallaiah And 2 Others on 23 August, 2024
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
M.A.C.M.A. No.597 of 2021
JUDGMENT:
The appellant who is the claimant preferred this appeal challenging the dismissal order and decree, dated 08.01.2021, passed by the Chairman, Motor Accident Claims Tribunal-cum-IV Additional District and Sessions Judge, (II Fast Track Court), Nalgonda, in M.V.O.P. No.1097 of 2010 which was filed by him seeking compensation for the injuries sustained by him in the accident occurred due to the rash and negligent driving of the driver of the Tata van 407 bearing No. AP.13.U.5112.
2. Heard the learned counsel for the appellant and the learned Standing Counsel for respondent No.3-Insurance Company.
3. Learned counsel for the appellant/claimant submitted that the Tribunal without properly considering the contentions of the appellant and oral and documentary evidence on record, has dismissed the claim petition on the ground that the claimant has not added the driver of the crime vehicle as a party respondent in M.V.O.P. and the name of driver of crime vehicle is wrongly mentioned in Form No.54 by the Investigating Officer.
23.1. He further submitted that the accident had taken place due to the rash and negligent driving of one K.Mahesh. Basing on the complaint lodged by the petitioner, police registered the crime and in the F.I.R. as well as in the final report, driver's name was mentioned as K.Mahesh. In spite of the same, the Court below had dismissed the M.V.O.P. without taking into consideration of the F.I.R. and charge sheet, though Form No.54 was not marked on behalf of the respondents before the Tribunal.
4. He further contended that the driver is not required as a party respondent to decide the claim petition filed under Motor Vehicles Act, as per the principle laid down in "New India Assurance Company Limited, Manex Centre, Jamnagar vs. Cargo Motors Limited 1", by the High Court of Gujarat. Hence, prayed to set aside the impugned judgment passed by the Tribunal.
5. Per contra, Sri Kota Subba Rao, learned Standing Counsel for respondent No.3-Insurance Company contended that the driver is proper and necessary party for adjudication of the motor accident cases. In so far as the other contention is concerned, learned counsel for the respondent No.3-Insurance Company fairly submits that the matter is required reconsideration by the Tribunal, as the Form No.54 is not marked on behalf of the respective parties.
1 2009 ACJ 2771 3
6. Learned counsel for the appellant during the course of reply submits that the appellant may be directed to file necessary application before the Tribunal for impleading the driver of the crime vehicle as a party respondent.
7. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the Tribunal dismissed the M.V.O.P. on the ground that the appellant has not impleaded the driver of the crime vehicle as a party respondent and there is a discrepancy in Form No.54, wherein the name of the driver of crime vehicle was recorded as 'Md.Ameer Khan'. Though the name of the driver is recorded in the F.I.R. and charge sheet as 'K.Mahesh', the Tribunal without properly considering the F.I.R. and charge sheet, passed the impugned judgment and the same is liable to be set aside and the matter is required reconsideration.
8. Accordingly, the appeal is allowed and the impugned judgment and decree passed by the Chairman, Motor Accident Claims Tribunal-cum-IV Additional District and Sessions Judge, (II Fast Track Court), Nalgonda in M.V.O.P.No.1097 of 2010 dated 08.01.2021 are set aside and the matter is remitted back to the Tribunal below with a direction to dispose of the M.V.O.P.No.1097 of 2010 in accordance with law, as expeditiously as possible. The appellant is granted liberty to file necessary application 4 for impleading the driver of the crime vehicle as a party respondent. No costs.
Miscellaneous applications, if any pending, shall stand closed.
______________________ J.SREENIVAS RAO, J Date:23.08.2024 pgp