Ram Nihore And Another vs Bansraj Yadav And Others
2023 Latest Caselaw 13900 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- FIRST APPEAL FROM ORDER No. - 600 of 1995
 
Appellant :- Ram Nihore And Another
 
Respondent :- Bansraj Yadav And Others
 
Counsel for Appellant :- Akhilesh Misra
 
Counsel for Respondent :-Dr Santosh Kumar Tiwari
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

Heard Sri Akhilesh Misra, learned counsel for the appellant. Dr. Santosh Kumar Tiwari, learned counsel for the respondent, is not present.

By way of this appeal, the claimants have challenged the judgment and order dated 28.2.1995 passed by Motor Accident Claims Tribunal/VIIIth Additional District Judge, Azamgarh rejecting the Motor Accident Claim Petition No. 71 of 1989 filed by respondent-claimants.

Learned counsel for the appellants has submitted that rejection of claim petition on the ground of non joinder of Insurance Company is bad in the eye of law. He has relied on the decisions in Oriental Insurance Co. Ltd. Vs. Kalawati Devi & Others, 2009 (13) SCC 767, United India Insurance Co. Ltd. vs. Shil Datta and others, 2012 AIR (SC) 86 & Bajaj Allianz General Insurance Co. Ltd. vs. Kamla Sen and others, 2014 ACJ 2396.

The claim petition could not have been dismissed on non joinder of parties. It is not a sine quo non that Insurance Company should be joined as party. It is settled legal position enunciated by the Apex Court in above decisions. Even at the end of the matter if it is found that it was the Insurance Company which was liable, the monies can be recovered by way of execution.

In view of the above, this appeal is partly allowed. As record is not before this Court, this Court relegate the matter to the Tribunal as evidence has already been led and the Tribunal has dismissed the claim petition on hyper technical ground. The Tribunal would decide the matter within sixteen weeks from the date of receipt of this order.

This order be sent by email to Tribunal forthwith.

Order Date :- 2.5.2023

DKS