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Under which circumstances driver of the vehicle is not necessary party to motor accident claim petition?

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The issue to be examined herein is whether in the claims cases before the Motor Vehicles Accident Claims Tribunal, the driver of a vehicle who has been accused of negligence is a necessary party to the proceedings or whether the owner alone can be impleaded.Here, one must bifurcate the terms 'party' and 'necessary party'. 'Party' has been correctly defined by the High Court in the impugned
 
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