IMPORTANT POINT
Under Section 163-A of the Motor Vehicles Act, the owner of a motor vehicle is liable to pay compensation in case of death or permanent disablement due to an accident, without the need to prove negligence on the part of the driver/owner. The liability of joint tortfeasors is joint and several, and the claimant can recover the entire compensation from any one of them.

ORDER :

Heard the Learned Counsel appearing for the petitioners and the Learned Counsel for the respondents/claimants.

2. In all the Civil Revision Petitions, the petitioners are one and the same and since all the MVOPs filed by the respective claimants in the same Court arose out of one and the same accident, all the petitions were heard together and are being disposed of by way of this common Order.

3. These Civil Revision Petitions are filed against the Orders dated 12.12.2022 passed in I.A.No.54 of 2019 in MVOP No.143 of 2017, I.A.No.56 of 2019 in MVOP No.170 of 2017 and I.A.No.58 of 2019 in MVOP No.172 of 2017 by the Chairman, Motor Accidents Claims Tribunal-cum-II Additional District Judge, Nalgonda.

4. The learned Counsel for the petitioners submits that the respondents/claimants herein filed claim petitions claiming compensation of Rs.5,00,000/- each on account of death of their respective sons in a motor vehicle accident against drivers and owners of the offending vehicles i.e. Tipper bearing No.AP-26-TU-0123 and Tanker Lorry bearing No.AP-16-TE-4189 in MVOP Nos.143 of 2017, 170 of 2017 and 172 of 2017 on the file of Chairman, MACT-cum-II Additonal District Judge, Nalgonda.

5. The learned Counsel for the petitioners further submits that the revision petitioners, who are the driver and owner of the Tipper bearing No.AP-16-TU-0123 respectively filed I.A.No.54 in MVOP No. 143 of 2017, I.A.No.56 of 2019 in MVOP No.170 of 2017 and I.A.No.58 of 2019 in MVOP No.172 of 2017 on the file of Chairman, MACT-cum-II Additional District Judge, Nalgonda, for impleadment of the owner of the Motor Cycle bearing No.AP-24-M-1306 i.e. Respondent No.5 herein, on which the deceased-sons of the claimants, who were minors, travelled on the said bike and the rider of the motor cycle was not having driving license and therefore the owner of the bike is also liable to pay the compensation. The Court below dismissed the said petitions and therefore, the petitioners filed the present revision petitions.

6. The learned Counsel for the petitioners further submits that the material on record clearly discloses that the deceased were minors and they all travelled on a bike and such minors were not having driving license and therefore owner of the bike is also liable to pay compensation. Since the claim petitions are filed for grant of compensation against the petitioners and the bike owner is also liable to pay compensation, but he was not made as one of the respondents in the said MVOPs. The Court below without taking into the contention raised by the petitioners dismissed the petitions filed for impleadment of the proposed respondent as respondent No.6 in the MVOPs.

7. The learned Counsel for the petitioners further submits that the impugned Orders are contrary to the principles laid down by the Hon’ble Supreme Court that, if the driver did not have driving license at all, the liability to make payment of compensation fell on the owner, since it was his obligation to take adequate care to see that the driver had an appropriate licence to drive the vehicle and in view of the same the impugned order is liable to be set aside and the proposed respondent has to be impleaded as respondent No.6 in the MVOPs and requested to allow the Civil Revision Petitions.

8. The learned Counsel for the petitioners in support of his contention placed reliance on the following Judgment:

1. Jawahar Singh Vs., Bala Jain and others, (2011) 6 SCC 425

9. On the other hand the learned Counsel for the respondents/claimants submits that the Court below rightly dismissed the Interlocutory Applications filed by the petitioners as the accident occurred due to rash and negligence on the part of the drivers of the Tipper and Tanker Bearing No.AP-16-TU-0123 and AP-16-TE-4189 respectively and it is settled law that when more than one vehicles were involved in the accident, the claimants have got an option to proceed against all of them or any one of them and it is not necessary to file claim pe