Motor Accident Claims- Tribunal Should Insist To Bring All Tort Feasors On Record When A Plea Is Made To Join Another Tort Feasor: Gujarat HC

While dealing with a case involving motor accident claims the Gujarat High Court has reiterated that whenever a plea for joining another tort feasor is raised, it would be better for the Tribunal to insist that all the tort feasors are brought on record.

The Court placed reliance on the judgment in the case of New India Assurance Co. Ltd. v. Muna Maya Basant wherein it was observed “…whenever a plea for joining another tort feasor is raised and prayed, it would be better for the Tribunal to insist that all the tort feasors are brought on record.”

Justice Gita Gopi was dealing with a plea challenging the Order passed by Motor Accident Claims Tribunal whereby the application of the Insurance Company came to be rejected wherein the prayer was made to join the Owner, Driver and Insurance Company of the other offending vehicle.

Alkesh N. Shah, Advocate for the petitioner relied on the judgment of the Division Bench of the Court in the case of New India Assurance Co. Ltd. v. Muna Maya Basant to contend that wherever there are more than one tortfeasor, it would be desirable to join the other one for a just decision of the matter.

The Court noted that “It is true that for the claimant incase of composite negligence, it would be his discretion to join the respondent accordingly. The another tort feasor would be a necessary party where in a case when the negligence has been appropriated, the counter tortfeasor can initiate to recover the amount from either of the parties on the basis of the negligence attributed.”

“As has been rightly observed and as has been laid down in the case of Muna Maya Basant (supra) by the Division Bench of this Court, whenever a plea for joining another tort feasor is raised and prayed, it would be better for the Tribunal to insist that all the tort feasors are brought on record.”, the Court added.

Thus the Court allowed the petition by the Insurance Company and set aside the impugned Order passed by the Motor Accident Claims Tribunal.

Cause Title- National Insurance Co. Ltd. v. Heenben Hemantkumar Modi

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