Section 166 MV Act | Not Impleading Offending Vehicle's Driver Renders Claim Defective And Non Maintainable: MP High Court

The Madhya Pradesh High Court has held that non-impleadment of the offending vehicle's driver renders a motor accident claim petition defective and non-maintainable.

The bench of Justice Hirdesh observed;

"...the driver of the offending vehicle is a necessary party in a claim petition under Section 166 of the Motor Vehicles Act. Nonimpleadment of the driver renders the claim petition defective and not maintainable".

The State filed an appeal challenging the award passed by the Motor Accidents Claims Tribunal of Gwalior, wherein the claimant was awarded compensation of Rs 37,000, along with interest from the date of filing the claim petition.

Per the facts, the claimant at 11 pm at night was going in a marriage procession. When the procession reached Naya Bazar, a white police vehicle came driving negligently and rashly and dashed into the left leg of the claimant, and she suffered injuries. Thus, an FIR was registered against the driver of the offending vehicle.

Thereafter, a claim petition was filed seeking compensation. The Claims Tribunal framed the issues and, after appreciating the evidence, awarded compensation in favour of the respondent/claimant.

The State filed the appeal, claiming that the award was granted without impleading the driver of the offending vehicle. Therefore, the claim was not maintainable.

The bench held that in a claim petition, the claimant has to prove that the conduct of the driver of the offending vehicle was negligent. Therefore, to grant the said compensation to the injured or their legal representatives, the claimant must prove that the accident took place on account of the rash and negligent act of the offending vehicle's driver.

The bench further observed that the State had objected to the non-impleadment of the said driver, but in spite of that, the claim petition was decided. The court noted,

"In view of the aforesaid discussion, it is held that the Driver of the offending vehicle is a necessary party because the entire allegation of negligence is against the Driver and without giving any opportunity of hearing to the Driver, the finding of negligence cannot be fastened on him".

The court, therefore, set aside the award passed by the Claims Tribunal and allowed the appeal.

Case Title: State of MP v Smt Premwati Jatav [MA-265-2006]

For State: Government Advocate Dileep Awasthi

Click here to read/download the Order