The Single Bench of the Delhi High Court in the case of Go Digit General Insurance Co. Ltd. vs Shiv Kumar & Ors. consisting of Justice Rekha Palli held that once joint tortfeasors' liability is joint and several, claimants can seek full compensation from all or any joint tortfeasors.
Facts
The petitioner challenged the MACT's order in Shiv Kumar & Ors. vs. Bimlesh Kumar Mishra & Ors. The learned Tribunal dismissed the petitioner/insurer company's application to implead the vehicle's owner, insurer, and legal heirs (LRs). Respondents 1 to 4 submitted the aforementioned claim petition claiming compensation for the death of Sh. Ram Saran in 2020.
Procedural History
The petitioner, who was Respondent No. 3 before the Tribunal, argued that the car's owner, insurer, and LRs should have been impleaded to avoid multiple lawsuits. The petitioner also moved applications u/s 169 of the Motor Vehicle Act, 1988 read with O1R10(2) in all four claim petitions seeking impleadment of the owner, insurer, and LRs of the car driver, arguing that once the car rammed into the trailer from behind, it could not be said that the trailer driver was negligent, as the car driver's negligence was writ large. The learned Tribunal dismissed these applications in its impugned order because, once it was not denied that the offending vehicle was involved in the collision, there was no need to implead any other party. Aggrieved thereby, the petitioner (insurer of the trailer) filed this petition.
Contentions Made
Petitioner: Since the petitioner claims the collision was caused by the car's driver's negligence and not the trailer's, it was essential to implead the driver's insurer, owner, and LRs to determine the driver's contributory negligence. Impleadment of the parties would not have harmed the claimants and would have sped up the adjudication of all accident-related matters and compensation liability. Once a motion for impleading the necessary parties was made at the outset, the learned Tribunal had no reason to reject it.
Respondent: It was contended that once it is not denied that the petitioner's trailer was involved in the accident, the claimants are justified in demanding compensation from the offending vehicle's driver, owner, and insurer, as they are tortfeasors. Based on Khenyei v. New India Assurance Co. Ltd. & Ors. and The Oriental Insurance Co. Ltd. v. Nisha Devi & Ors., it was argued that claimants might implead only the driver, owner, and insurer of the trailer, who could then make recoveries from the car's owner, insurer, and LRs, if needed. It was not argued that the case is still in its preliminary stages; the respondents are next scheduled to appear on 22.12.2022.
Observations of the Court
The Bench found that by citing Khenyei (supra), learned counsel for respondents no. 1 to 4 was justified in arguing that once joint tortfeasors' liability is joint and several, claimants can seek full compensation from all or any of the joint tortfeasors.
Once it is recognized that the proceedings before the learned Tribunal are at a preliminary level and the matter is slated for appearance of the respondents on 22.12.2022, it would save multiplicity of proceedings if the owner, insurer, and LRs of the automobile driver are impleaded at this stage itself. Once the accident occurred due to a collision of two vehicles, impleadment of the owner, insurer, and LRs of the driver of the car in the claim petition filed by respondents 1 to 4 would be in the interest of all parties concerned, as this will avoid any objection from them regarding liability in the ongoing proceedings before the learned Tribunal.
Judgment
The impugned order was quashed, and the driver's owner, insurer, and LRs were impleaded as respondents. It also directed that the petitioner might also approach the learned Tribunal with a copy of this ruling so notice could be served to the newly added respondents without delay. The newly added respondents were also allowed to file their written statement as soon as possible.
Case: Go Digit General Insurance Co. Ltd. vs Shiv Kumar & Ors.
Citation: CM(M) 764/2022 & CM APPL.33860/2022
Bench: Justice Rekha Palli
Decided on: 8th December 2022
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