1. This appeal is directed against the rejection of the claim petition by the Motor Accident Claims Tribunal, Wardha.

2. One Kailash Gakhare, aged about 22 Yrs., died in a motor vehicular accident occurred on 16/7/2005. He was driving motor cycle bearing No.MH-31/BF-8026. The truck bearing No.WB-23/A-1455 came from opposite direction and dashed against his motor cycle causing his death. His parents and elder brother filed claim petition. The original non-applicant no.1 – respondent no.1 herein did not contest whereas the original non-applicant no.2 – respondent no.2 herein contested the petition. The respondent no.2 raised issue of non-joinder of necessary party i.e. driver of the truck bearing No.WB-23/A 1455. Learned Tribunal framed issue of necessary party and answered the same in favour of the respondent no.2.

3. Learned Tribunal relied upon the decision of this Court in State of Maharashtra V/s. Smt. Gulabi Sadhu and other reported in 1994 (2) T.A.C. 370, decision of the Andhra Pradesh High Court in Vaddepali Rajesham V/s. A.P.S.R.T.C. reported in 2002 (2) T.A.C. 503 and further relied upon the decision in Oriental Insurance Co. Ltd. V/s. Meena Variyal and others rep