1. This appeal has been preferred against the order dated 17.02.2010 passed by the Motor Accident Claims Tribunal, Modasa below application Exhibit-23, whereby the said application was allowed.
2. The facts in brief are that in respect of the vehicular accident that occurred on 07.05.2008 involving a Motor cycle bearing no. GJ-17-K-9082 and a Jeep bearing no. GJ-24-U-9127, the appellant herein had preferred claim petition being M.A.C.P. No. 754 of 2008. In the said claim petition he has joined the driver, owner and the insurer of the said Jeep as party opponents. During the pendency of the claim petition, original opponent no. 3 - Insurance Company of the Jeep preferred an application Exhibit-23 praying to join the driver, owner and the insurer of the Motor cycle bearing no. GJ-17-K-9082 on the ground that the appellant original claimant was travelling as a pillion rider of the said Motor cycle at the relevant point of time. The Tribunal has allowed the said application vide order dated 17.02.2010. Being aggrieved by the said order, the appellant has preferred the present appeal.
3. Heard learned counsel for the appellant. The Tribunal has allowed the said application preferred by original opponent no. 3 - Insurance Company mainly on the ground that the appellant original claimant was travelling a a pillion rider of the Motor cycle in question. The Tribunal came to the conclusion that the driver, owner and the insurer of the Motor cycle in question were the necessary parties in the claim proceedings in view of the fact that if ultimately, the motor cyclist is found to be negligent then their presence on the record as party opponents is necessary, if any order is passed against them. Considering the facts of the case, I am in complete agreement with the reasonings given by the Tribunal while allowing the application Exhibit-23 preferred by original opponent no. 3. Hence, I do not find any reasons to interfere with the same.
In view of the above, appeal is dismissed summarily.
[K.S.
JHAVERI, J.] /phalguni/ Top