Ram Rati & Another vs Bhagwati Prasad Gupta and Another

K.S. Varma, J.

A perusal of the record indicates that an application Paper No. 31C/1 for amendment of the claim was moved before the Claims Tribunal on 931978. That application was rejected on the ground that an earlier application to the same effect has already been rejected. It was stated by the learned counsel for the appellants that Radhey Shyam Gupta, Telco Engineering Loco Motive and New India Assurance Co. were necessary parties. It is prayed that they may be allowed to be impleaded so that the claim put forward by the claimants be properly adjudicated upon. The claim has been rejected by the Claim Tribunal on the ground of nonimpleadment of said persons. It has been found as a fact that the accident took place and the appellants are entitled to compensation. In view of the fact that the appellants have suffered grievously due to loss of her husband the ends of justice demand that the aforesaid three persons be impleaded In the claim petition as respondents. I, accordingly, direct that the appellants shall implead the following persons as respondents to the claim:

The New India Assurance Co. Ltd., 67 Mahatma Gandhi Road, Fort Bombay through its General Manager.

Tata Engineering Loco Motive �Co. Ltd., 148, Mahatma Gandhi Road, Bombay through its General Manager.

Radhey Shyam Gupta son of Mr. Devi Deen Gupta resident of Murai Ki Bagh, Dalmau, district Rae Bareli.

After the three persons are impleaded, the Claims Tribunal shall issue notice to them and shall permit them to put in such contest as they consider proper. The compensation shall be determined by the Claims Tribunal after hearing the newly added opposite parties. The parties are directed to appear before the Claims Tribunal, Rae Bareli, on 1121985. It is expected that the Claims Tribunal will decide the claim at an early date.

[Appeal allowed.]