Chinna Pillai vs T.P. Kannan Managing Director and The Divisional Manager

M.N. Krishnan, J.—This is an appeal preferred against the award of the Claims Tribunal, Neyyattinkara in O.P.(MV) No. 1770/2004. The claimant sustained injuries in a road accident and the Tribunal has dismissed the claim application on the ground of non-joinder of necessary parties. There was an issue regarding non-joinder. In spite of the same, the claimant did not take any steps to implead. Really speaking, following the procedure under Order 1 Rules 9, 10 and 13 it has to be summarily dismissed. But, this is a motor accident case where the claimant sustained injuries and justice shall not be a causality on the ground of technicality. Therefore in such circumstances I am inclined to grant an opportunity to the claimant to implead and I make it clear that this does not prevent him from raising all other legal contentions which he is entitled to do because it is a case where deemed transfer etc may arise and benefit may be available to the claimant. But it can be done after the owner alleged by the first respondent is also impleaded.

Therefore without notice, I dispose of the appeal by setting aside the award with a direction to the Tribunal to give permission to all concerned to produce documentary as well as oral evidence in support of their respective contentions and especially an opportunity is given to the claimant to implead the person contended by the first respondent. The appellant/claimant is directed to appear before the court below on 24.9.2010 and thereafter take notice to all parties for a proper disposal of the matter.

Disposed of accordingly.