CHATRADHARI UPADHAYA Vs. BABU SINGH

JUDGEMENT

(1.) The claimants in a proceeding under Section 110-A of the Motor Vehicles Act are in appeal against the order of the Tribunal dismissing their claim petition for not adding one Gurudev Singh as Opposite Party in the claim case.

(2.) It is alleged that the deceased was working under one Gurudev Singh, Kalings Transport, Mangalabag, Cuttack as a helper in respect of truck ORU 7643, This truck belongs to Opposite Party No. 1 Babu Singh. He had hired to Gurudev Singh. Due to I'ash and negligent driving of this truck by the driver, it went out of the road and fell into a ditch after crossing Dehuria bridge on the National Highway between Cuttack and Paradeep. As a result of such accident, the deceased was badly injured and died at the spot.

(3.) The employer of the deceased Gurudev Singh has not been made a party to this proceeding and no steps were taken to notice him. Babu Singh and the insurer were made parties to the proceeding. The learned Tribunal has dismissed the petition as Gurudev Singh who is said to have taken the vehicle on hire from the registered owner Babu Singh has not been made a party and as it is stated the deceased was working under Gurudev Singh.