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.
3.1. 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.
2009 ACJ 2771
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
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
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