KALLOO Vs. STATE OF U P

JUDGEMENT

(1.) -This first appeal from order has been filed against the judgment and order dated 25.8.1986, passed by the Motor Accident Claims Tribunal, Bareilly (IIIrd Additional District Judge, Bareilly).

(2.) THE brief facts are that a truck belonging to U. P. State Bridge Corporation had run over the deceased Munshi causing his instantaneous death. A claim petition was preferred by his heirs making (1) State of U. P. ; (2) Chief Engineer, U. P. State Bridge Corporation, P.W.D., Lucknow ; (3) M/s. New India Assurance Co. Ltd., Head Office, Bombay ; (4) M/s. New India Assurance Co. Ltd., Branch Office, Kasganj, as the respondents. After recording the entire evidence led from both the parties, the court below heard the case finally. On having found that the U. P. State Bridge Corporation, while not made respondent in the case being a necessary party, the claim petition was dismissed as not maintainable and the impugned order was passed.

(3.) ON the basis of the pleadings of the party as many as ten issues have been framed in this case and issue Nos. 2, 3 and 4 related to the plea of the petition being bad for the misjoinder and non-joinder of parties. The court below, while holding that there is non-joinder of U. P. State Bridge Corporation, the owner of the offending vehicle in the claim petition, came to the conclusion that the owner of the offending vehicle, being not a party to the claim, no award for making payment of compensation could be given in the case. It is under these circumstances that the Tribunal has dismissed the petition.