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DELHI HIGH COURT
REKHA PALLI
Go Digit General Insurance Co. Ltd. – Appellant
Versus
Shiv Kumar – Respondent
| Table of Content |
|---|
| 1. circumstances of the accident and claims (Para 1 , 2 , 3) |
| 2. arguments regarding impleadment necessity (Para 4 , 5 , 6) |
| 3. court's view on contributory negligence (Para 7 , 8) |
| 4. decision to implead additional parties (Para 9) |
| 5. conclusion and order of the court (Para 10 , 11) |
JUDGMENT
Rekha Palli, J. (ORAL)
1. The petitioner has approached this Court assailing the order dated 29.03.2022 passed by the learned MACT, in MACT No.145/2020 titled as Shiv Kumar & Ors. vs. Sh. Bimlesh Kumar Mishra & Ors. Vide the impugned order, the learned Tribunal has dismissed the application preferred by the petitioner/insurer company, seeking impleadment of the owner, insurer and the legal heirs (LRs) of the driver of the offending vehicle.
2. The aforesaid claim petition came to be filed by respondent nos. 1 to 4, seeking compensation on account of the death of one Sh. Ram Saran in the accident which took place on 16.08.2020. It is the petitioner's case that at the time of the accident, four persons namely Mr. Pramod Gupta, Smt. Roop Rani, Mohd. Sadiq and Mr. Santosh Kumar were travelling to Delhi from Harpalpur, Uttar Pradesh in a car bearing no. DL 12 CH 5997. On reaching a poin
In cases of road accidents involving multiple vehicles, all joint tortfeasors must be impleaded for effective determination of liability and contributory negligence under joint and several liabilitie....
Point of law: As per Section 175 of the Motor Vehicle Act, 1988 as no civil court shall have the jurisdiction to entertain any question relating to any claim for compensation, which can be adjudicate....
Claimants in motor accident cases have the right to sue one joint tortfeasor and recover full compensation without being compelled to include other joint tortfeasors.
In cases of composite negligence, the plaintiff/claimant is entitled to sue both or any one of the joint tortfeasors and to recover the entire compensation as the liability of joint tortfeasors is jo....
Point of law: Motor Accident - Contributory Negligence – Driver of offending vehicle not impleaded – Held, plea of non-impleadment of driver having adverse impact on the case of the claimants will no....
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