The driver of the offending vehicle must be given a reasonable opportunity of hearing in compensation proceedings under the Motor Vehicles Act.

( 1 ) THE Karnataka State Road Transport Corporation (in short the 'corporation'), constituted under the provisions of the Road Transport Corporation Act, has preferred this appeal questioning the correctness of the judgment and award dated 4-11-1998 passed by the Claims Tribunal, Ranebennur, in M. V. C. No. 335/96 awarding compensation of Rs. 9,18,000/- with 6% p. a. interest from the date of petition till payment on account of the death of one Munilal Jain, whose legal heirs have been arrayed as respondents.

( 2 ) IT is not in dispute that on 4-8-1995 the deceased Munilal Jain was travelling in a bus of the Corporation bearing No. KA 01/f-5958 from Bangalore towards Ranebennur. When the bus came near Aimangal Petrol bunk on national highway No. 4, it collied with one on coming truck bearing No. MH/f-8278, as result of which the bus hit the road side tree resulting in instantaneous death of said Munilal Jain. The legal heirs of the deceased Munilal Jain preferred claim petition before the Tribunal against the Corporation as also the owner and insurer of the truck. But drivers of none of the vehicles involved in the accident were either made parties to the claim petition nor they were issued notice for contesting the compensation proceedings. Further, the owners also for one or the other reason did not examine them as witnesses in order to avoid their liability towards compensation. As a matter of facts, no evidence at all was led on behalf of the Corporation and the owner of the truck. Still, the Tribunal in para 14 of the impugned judgment has recorded a finding of fact that the accident in question had taken place because of rash and negligent driving of the driver of the Corporation bus and has thus fastened the entire liability on the Corporation completely exonerating the owner and the insurer.

( 3 ) LEARNED counsel appearing for the Corporation has apart from assailing the determination of quantum of compensation has further questioned the finding of the Tribunal attributing the entire negligence only to the driver of the Corporation's bus. It has been submitted that though the Corporation for certain reasons could not examine its driver, but nonetheless since collusion between the two vehicles is admitted and though the driver of the truck was not examined, the Tribunal on mere surmises or on inadmissible evidence could not have made the Corporation liable to pay the entire compensation.

( 4 ) IN our opinion, a material question of law of wider general importance arise for consideration in the present appeal, viz. , whether keeping in view the statutory provisions contained in the Motor Vehicles Act, 1988 (in short the 'act') and the respective rules framed thereunder, as also even otherwise the drivers of the vehicle involved in the accident has to be necessarily made a party in the compensation proceedings ?

( 5 ) FOR examining the above question we find it necessary to refer Sections 168 and 174 of the Motor Vehicles Act, 1988 (in short "the Act") which read as under :"168. Award of the Claims Tribunal.- (1) On receipt of an application for compensation made under Section 166, the Claims Tribunal shall, after giving notice of the application to the insurer and after giving the parties (including the insurer) an opportunity of being heard, hold an inquiry into the claim or, as the case may be, each of the claims and, subject to the provisions of Section 162 may make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid and in making the award the Claims Tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be :provided. . . . . . . . . . . . . 174. Recovery of money from insurer as arrear of land revenue.- Where any amount is due from any person under an award, the Claims Tribunal may, on an application made

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