Bhagwati Prasad vs Presiding Officer, Motor Accident Claims Tribunal and Others

Alok Sharma, J.—I have heard the learned counsel for the parties and perused the impugned order dt. 14.02.2006. Perusal of the impugned order dt. 14.02.2006 indicates that the MACT, Ajmer has relied on the judgment of this Court in the case of Rajasthan State Road Transport Corporation Vs. Ram Lal and Others, , holding that where the Rajasthan State Road Transport Corporation took a plea that its driver was not at all negligent or at fault in causing the accident and the grave injury ensuing therefrom and the other vehicle involved in the accident was fully at fault but had not been impleaded as party before the Tribunal, it was within the jurisdiction of the Motor Accident Claims Tribunal, on a proper application made, to implead the owner and driver of the "other vehicle" involved in the accident as party in the claim petition.

Aside of the well considered judgment of this Court in the case of Rajasthan State Road Transport Corporation versus Ram lal & Ors. (Supra) which has been relied upon by the Tribunal in its impugned judgment, I am of the considered opinion, that an order of impleadment of a party being an order in the discretion of the Tribunal is not to be interfered with specially when it is a reasoned order. The impugned order dt. 14.02.2006 impleads the owner and driver of the motorcycle stated to be responsible for the accident and whose impleadment was necessary to consider the issue of negligence leading to the accident in question which was central to the claim petition.

Consequently, I find no occasion to interfere in the impugned order dt. 14.02.2006 in the exercise of powers of this Court under Art. 227 of the Constitution of India.

The petition has no force. Dismissed. However, as counsel for the petitioner claimant has pointed out that the claim petition pertains to the year 2004, the learned Motor Accident Claims Tribunal, Ajmer is directed to dispose of the claim petition No. 82/05 within a period of six months from the date of presentation of a certified copy of this order.