( 1 ) A point of importance raised in this appeal is should a joint tort-feasor be allowed to go scotfree and should the Tribunal have ignored the plea raised by the appellant Corporation for joining the joint tort-feasor in claim petition before determining the question as regards the respective negligence and liability arising out of the accident ?

( 2 ) THE claimants were going in an autorikshaw bearing No. GRV 528 in G. I D. C. Estate Panoli and were passing through the National Highway No. 8. At that time S. T. Bus bearing No. GRR 9935 which was coming from opposite side collided with the rikshaw. The accident took place on 28/12/1984 at about 9-00 a. m. On account of the accident one Balkrishna Shahu received fatal injuries and died.

( 3 ) THE father sister and brothers of the deceased preferred claim petition. In the claim petition the owner of the rikshaw and the insurance company of the rikshaw had not been joined. The appellant-Corporation contended that rikshaw owner and the insurance company be also joined as parties. The Tribunal disposed of this contention by holding that it was for the petitioner to select the tort-feasor for suing and non-joinder of a