absence of the driver and
MACA 1075 & 2974 of 2009 27
the driver may not be a necessary party. We extract hereinbelow
paragraph ... joinder of the driver, it is not open
for them to contend in the appeal that the driver was a
necessary party and that
absence of the driver and
MACA 1075 & 2974 of 2009 27
the driver may not be a necessary party. We extract hereinbelow
paragraph ... joinder of the driver, it is not open
for them to contend in the appeal that the driver was a
necessary party and that
consideration to the submissions. The
first issue is whether the driver was a necessary and proper party. In
the case of Sikhandar Khan Rashid Khan ... joinder of the driver, it is not open for them to contend in the
appeal that the driver was a necessary party and that
Claim for compensation in motor vehicle
accidents Proof of negligence of driver--If necessary.
Torts--Claim for compensation in motor vehicle acci-
dents--Proof ... negligence of driver--If necessary.
HEADNOTE:
While the respondent was travelling in his car, the appel-
lant's truck, driven by a driver
Chairman And Managing Director Fci vs Jagdish Balaram Bahira on 6 July, 2017
Equivalent citations
claims cases, the driver of the bus was held to
be negligent and, therefore, a ruling that the driver is a
necessary party would mean ... driver of the bus (namely the
Appellant herein), specific allegations were made against the
driver of the truck. Hence, the question is whether the driver
against the insurer and owner on the ground that the driver was a necessary party to the claim petition, therefore, the claim petition be dismissed ... against the owner and insurer of the truck, as the driver is a necessary party for seeking compensation, a claimant has to first establish
place on account of rash and negligent driving of the bus driver. Necessary issues were framed and evidence of the parties was recorded ... contention. Even the report of Bakhat Rai is not on record. After necessary investigation, police came to the conclusion that Manilal was not murdered
proceed against the owner or driver or both, it cannot be said that driver is a necessary party for a claim petition, under ... driver, the claimant cannot be found fault with, for not impleading the driver.
13. We will next examine whether a driver is a necessary party
negligence
of the driver, the claimant can sue either the owner or the driver or
both. But, whether driver is impleaded or not, a owner ... driver is a
condition precedent to make the owner vicariously liable for the
act of the driver, (d) But where the driver is not impleaded
