Jaigy Oraon @ Jatru Oraon v. New India Assurance Co. Ltd.
2007-01-25
R.K.MERATHIA
body2007
DigiLaw.ai
ORDER R.K. Merathia, J. 1. Heard. 2. Petitioners have prayed for quashing the order dated 27.2.2006 passed by the Additional District Judge-cum-Motor Vehicle Accident Claims Tribunal, Lohardaga in Compensation Case No. 255 of 2000 by which the learned claims tribunal allowed the petition dated 17.12.2005 filed by the New India Assurance Company and directed the petitioners to implead the owner and insurer of the scooter, on which the petitioners son was travelling as pillion rider as opposite parties in the compensation case. 3. Learned Counsel for the petitioners submitted that charge-sheet has been submitted only against the driver of the offending truck bearing registration No. BR 14G 1711, the owner and the insurer whereof are already parties in the case. He further submitted that if the impugned order is allowed to stand, it will cause unnecessary delay in disposal of the compensation case which has been filed by the petitioners for claim against death of their son. He lastly submitted that the petitioners are ready to proceed with compensation case at their own risk without impleading the owner and insurer of the scooter in question as they can be examined as witnesses by the parties. 4. Mr. Manish Kumar, appearing for the New India Assurance Company (respondent No. 1) has got to objection to such prayer. 5. Accordingly, the petitioners are allowed to proceed with the compensation case without making the owner and insurer of the scooter as parties, at their risk. However, the parties in the compensation case will be at liberty to request the tribunal for issuing summons to them as witnesses. 6. With these observations and directions, this writ petition is disposed of.