1. One of the issues involved in the present first appeal is whether the driver of the offending vehicle against whom negligence has been alleged is a necessary or proper party in a claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the said Act”).

2. By this appeal, the Appellant – Insurer has taken an exception to the judgment and award dated 29th June, 2010 passed by the learned Member of the Motor Accident Claims Tribunal. The claim petition was filed by the Respondent Nos.1 and 2 under Section 166 of the said Act. The Respondent Nos.1 and 2 are the parents of the deceased who was a victim of the accident. The accident occurred on 21st November, 2005 at about 02:00 am at N.S.Road, Mumbai under a Flyover Bridge. It is alleged that when the deceased was crossing the road, a car owned by the Respondent No.3 came in a very high speed which was being driven in rash and negligent manner and gave a dash to the deceased. Though the deceased was admitted to a hospital, he succumbed to the injuries sustained in the accident. The car was insured with the Appellant on the relevant date.

3. The claim petition was contested by the Appellan