[2025:RJ-JP:48234] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 792/2020 S.B.I. General Insurance Company Ltd., First Floor, Dwarika Niwas, Opposite B.M.W. Showroom, Kolsari, Tonk Road, Amer Clark Hotel, Jaipur Through Its Constituent Attorney. ----Petitioner/Non-Claimant Versus 1. Manisha W/o Late Mahendra, Aged About 32 Years, R/o Village Shivnathpura (Shyonathpura), Tehsil Udaipurwati, District Jhunjhunu (Raj.). 2. Neetu, Aged About 14 Years, D/o Late Shri Mahendra 3. Nikita, Aged About 10 Years, D/o Late Shri Mahendra 4. Deepesh Kumar S/o Late Shri Mahendra, Aged About 8 Years, All R/o Village Shivnathpura (Shyonathpura), Tehsil Udaipurwati, District Jhunjhunu (Raj.). Claimants-Non Petitioners No. 2 To 4 Are Minor Through Their Natural Guardian Mother Manisha W/o Late Mahendra, R/o Village Shivnathpura (Shyonathpura), Tehsil Udaipurwati, District Jhunjhunu (Raj.). 5. Shanti Devi W/o Shri Bholaram, Aged About 71 Years, R/o Village Shivnathpura (Shyonathpura), Tehsil Udaipurwati, District Jhunjhunu (Raj.). ---Claimants-Non-Petitioners 6. Surajmal S/o Mitthulal, Aged About 30 Years, Occupation Driving, R/o Village Napawali, Tehsil Baghesar, District Chittorgarh (Rajasthan). 7. Ambalal Teli S/o Shri Bhairulal Teli, Aged About 52 Years, R/o Shastri Market, Nimbaheda, District Chittorgarh (Rajasthan). ----Non-Claimant-Non Petitioners For Petitioner(s) : Mr. Virendra Agrawal, Adv. with Mr. Prakhar Agrawal, Adv. & Ms. Anjali Assat, Adv. For Respondent(s) : Mr. Arun Singh Shekhawat, Adv. with Mr. Aditya Matolia, Adv. [2025:RJ-JP:48234] (2 of 4) [CW-792/2020] HON'BLE MR. JUSTICE ANAND SHARMA Order 27/11/2025 1. Petitioner has challenged the order dated 20.06.2018 passed by Motor Accident Claims Tribunal, Jhunjhunu, whereby application under Order 1 Rule 10 CPC for impleading the owner and insurer of the vehicle No.RJ-29-GA-2129 as parties non- claimants in the claim petition pending before learned Tribunal has been rejected. 2. It is stated that on account of accident took place on 14.11.2013 between truck Nos.RJ-29-GA-2129 and RJ-09-GA- 5034 death of Mahendra, Bhanwar and Suleman @ Kalu took place. Thereafter, their legal representatives/heirs filed claim petition before Motor Accident Claims Tribunal, Jhunjhunu, which was registered as claim case No.411/2014. In the claim petition, petitioner-SBI General Insurance Company Ltd. was impleaded as non-claimant on account of being insurer of truck No.RJ-09-GA- 5034. 3. Learned counsel for the petitioner submits that since, the accident has taken place between two vehicles, question of contributory negligence naturally arises, which could not have been decided without there being impleadment of owner and insurer of other vehicle RJ-29-GA-2129, however, claimants did not implead the owner and insurer of other vehicle as parties to the claim petition and in absence of such parties, the issue of contributory negligence cannot be effectively decided. Hence, the [2025:RJ-JP:48234] (3 of 4) [CW-792/2020] petitioner filed one application under Order 1Rule 10 CPC with a prayer to implead owner and insurer of truck No. RJ-29-GA-2129 as parties to the claim petition. The application has been dismissed by learned Tribunal holding that claimant cannot be forced to litigate against the parties, whom he did not treat as necessary party. Learned counsel for the petitioner submits that the order dated 20.06.2018 passed by learned Tribunal is totally illegal and erroneous and would rather prevent learned Tribunal from effectively deciding the question of contributory negligence. 4. Learned counsel appearing for claimants opposed the writ petition and submitted that it is settled proposition of law that the plaintiff/claimant is dominus litis of his claim/suit and he cannot be compelled to implead a particular person/company as party to the claim petition, hence, no mistake whatsoever has been committed by learned Tribunal in rejecting the application filed by the petitioner. 5. Considered rival submissions made by learned counsel for the parties and perused the record. 6. It is undisputed that the claim petition has arisen on account of accident between two different vehicles, where a question of negligence/contributory negligence would also be relevant issue for the purpose of determining liability and responsibility. Under the circumstances, no judgment can be delivered by the learned Tribunal against such person/company, who is not party to the litigation. Therefore, under the facts and circumstances of the case, where accident has taken place on account of collision between two trucks, insurer and owner of both the vehicles are necessary parties. Since, in the instant case, [2025:RJ-JP:48234] (4 of 4) [CW-792/2020] insurer and owner of truck No.RJ-29-GA-2129 has not been impleaded as parties non-claimants by the claimant, ends of justice cannot be properly secured and no effective award can be passed by learned Tribunal more particularly on the point of contributory negligence. 7. In view of above, the writ petition filed by the petitioner is allowed and order dated 20.06.2018 passed by learned Tribunal is hereby quashed and set aside. Respondents-claimants are directed to implead insurer and owner of truck No.RJ-29-GA-2129 as parties non-claimants in the claim petition No.411/2014 pending before Motor Accident Claims Tribunal, Jhunjhunu. Thereafter, the Tribunal may proceed in accordance with law and the claim be decided in expeditious manner. (ANAND SHARMA),J Jatin /45