Order 1

Order Details: Order on Exh.
Pdf Text: MHMT010007362025
ORDER BELOW EXH.22
In MACP No.600 OF 2025
Read the application moved by the insurer for
adding owner and driver of the Motorcycle No.MH-08-BB-
9033 on the contentions that two vehicles were involved in
the accident but the applicants have impleaded owner of
only one vehicle and therefore adding the owner and driver
of second vehicle is necessary.
2. Say of applicant side was called for but no say filed
thereon.
3. It is trite law in respect of accident claim
application that where injury / death is caused by wrongful
act of two parties, the claimant is not bound to strict
analysis of the proximate or immediate cause of the event
to find out whom he can sue. The claimant is entitle to sue
all or any of the negligent persons. Where two or more tort
feasors by their single and same act caused the claimant to
suffer a injury then claimant is entitled to sue all or any of
them and each is said to be jointly and severally liable for it.
Therefore, considering joint and several liability, it is in
domain of claimant to sue whom and to proceed against
whom and therefore I do not find substance in the
application. Hence, I pass the following order.
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ORDER
1. The application stands rejected.
2. Cost in cause.
(K. K. Shah)
Member, C.R.No.8
Date : 09/09/2026 MACT, Mumbai
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