Claimants must include the Insurance Company in motor vehicle accident compensation claims for proper adjudication.

JUDGMENT

The petitioner came up with a petition before the trial court claiming compensation on account of an alleged motor vehicle accident — a collision between an auto rickshaw and a two-wheeler. The claimant is the rider of the two-wheeler. The Insurance Company has not been made as a party to the application. The application was maintained only against the registered owner and ultimately it was ended in an award against the owner of the vehicle. Hence, the owner and driver of the auto- rickshaw came up in appeal by impleading the Insurance Company also as a party to the appeal, though there is no provision for it. It is submitted that there is an inadvertent mistake on the part of the petitioner, who filed the application as against the registered owner and the driver without the juncture of the Insurance Company. Hence, for the laches on the part of the petitioner, no blame can be placed on the present owner and driver of the vehicle. As such, it is fit and proper to grant an opportunity to implead the Insurance Company as a party to the claim petition. The award passed by the Tribunal will stand set aside for that purpose and the matter is remanded back to the Tribunal so as to enable the Insurance Company to join as a party/respondent in the application. The Tribunal shall dispose of the matter within a time schedule of three months from the next posting date and the parties shall appear before that court on 16.08.2023 to proceed further with the matter. It is made clear that while disposing of the matter, the Claims Tribunal shall not allow any interest to the petitioner/claimant till today, since the laches is on the part of the claimant.

The appeal will stand allowed accordingly.