AIROnline 2019 Raj 510 ::2020 AAC 657 (RAJ)

Rajasthan High Court

Hon'ble Judge(s): Prakash Gupta , J

Motor Vehicles Act (59 of 1988) , S.166— Civil P.C. (5 of 1908) , O.1 R.10— Claim petition - Non-impleadment of insurer - Accident occurred due to head on collision between Truck and car of deceased - Consolidation of four claim petitions into two petitions ordered for convenience of parties - Without impleading owner and insurer of car of deceased - Defect of non- joinder of necessary parties in two claim petitions cannot be removed by consolidation - Testimony of injured eye-witness regarding head on collision of vehicles - On ground of contributory negligence, owner, driver and insurer of car of deceased found necessary parties to all claim petitions - Claim petitions remanded back to Tribunal for fresh decision in accordance with law after impleading the owner, driver and insurer of car of deceased. (Para 6 7)