Himachal Road Transport Corporation And Others vs Pooja And Others

Jyotsna Rewal Dua, J

Present appeal has been filed by the appellant- Himachal Road Transport Corporation against the award dated 16.01.2019 passed by the learned Motor Accident Claims Tribunal (III), Mandi, whereby the claim petition filed by respondents No.1 to 3 was allowed. A compensation amount of Rs.6,98,320/- alongwith interest @ 7.5% per annum was awarded in their favour from the date of filing the petition till its realization.

An application, being CMP No.11001 of 2021, under Order 1 Rule 10 of the Code of Civil Procedure has been moved on behalf of respondent No.1 in the instant appeal, for impleadment of her minor son Master Dikshit, son of deceased Sh. Om Chand through his next friend and natural guardian mother Smt. Pooja Devi W/o Sh. Om Chand (respondent No.1).

It has been submitted in the application that on account of death of Sh. Om Chand in a road accident, the claim petition was preferred by his legal heirs, i.e. Smt. Pooja Devi (widow of late Sh. Om Chand), Mr. Prikshit (minor son of late Sh. Om Chand) and Smt. Kamla Devi (mother of late Sh. Om Chand). It is further submitted in the application that the deceased was survived by another son, Master Dikshit, who inadvertently was not impleaded as a claimant in the claim petition preferred under Section 166 of the Motor Vehicles Act,1988. Minor Dikshit is residing under the care and custody of his mother Smt. Pooja Devi alongwith his brother Prikshit. That because of his non-impleadment in the claim petition, the valuable rights of Master Dikshit have been adversely affected as he also has a right to seek compensation on account of death of his father Sh. Om Chand.

In the award dated 16.01.2019, impugned in the instant appeal by the appellant-Himachal Road Transport Corporation, learned Motor Accident Claims Tribunal (III), Mandi (in short 'Tribunal') has awarded a total compensation of Rs.6,98,320/- in favour of three claimants, who had filed the claim petition, alongwith interest @ 7.5% per annum from the date of filing of the petition till realization. In terms of para 39 of the award, the awarded compensation amount has been apportioned amongst the claimants as under:-

Claimant No.1-Widow of the deceased, to the extent of 70% of the awarded amount (present respondent No.1) .

Claimant No.2-Minor Son of the deceased, to the extent of 15% of the awarded amount (present respondent No.2).

Claimant No.3-Mother of the deceased, to the extent of 15% of the awarded amount (present respondent No.3).

Since the application under Order 1 Rule 10 CPC has been moved on behalf of claimant No.1 herself with a prayer to implead Master Dikshit, who is stated to be the other minor son of late Sh. Om Chand and inadvertently left out from being impleaded as a claimant before the learned Tribunal below, therefore, it would be appropriate to remand the matter to the learned Tribunal for the purpose of allowing the claimants to move an appropriate application for impleadment of minor Mr. Dikshit. Learned counsel for the parties have no objection to such recourse.

Therefore, this appeal is disposed of by remanding the matter to the learned Tribunal. The claimants shall be at liberty to move appropriate application for impleadment of Master Dikshit, stated to be the minor son of late Sh. Om Chand, within a period of three weeks from the date of first listing of the matter before the learned Tribunal after the remand, whereafter, the said application and the matter shall be decided by the learned Tribunal in accordance with law.

It is made clear that the matter is being remanded to the learned Tribunal below only for the limited purpose with respect to impleadment of minor Dikshit, if any, and the consequences of his impleadment upon apportionment of the compensation amount already determined in the award dated 16.01.2019. The parties through their learned counsel, are directed to appear before the learned Tribunal on 30.11.2021. Registry is directed to return the record forthwith.

It is further clarified that merits of the impugned award have not been examined in the present judgment.

The appeal stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.