Hon'ble JOSHI, J.—This is an appeal by original respondent No.3, who is impleaded in the Claim Petition after amendment of Claim Petition.

2. Heard learned Adv. Mrs. S.N. Deshpande for the appellant, learned Adv. Mr. Girish Chaubey with Mis. Niraja Chaubey for respondent Nos. 1 and 2, learned AGP Mr. J.B. Jaiswal for respondent No.3 and learned Adv. Mr. A.K. Somani for respondent No.5.

3. It is seen that the Claim Petition was allowed by learned Member of Motor Accident Claims Tribunal by Judgment and Award dated 11th November, 2003 granting compensation of Rs.2,69,000-00 and directing the investment of amount etc..

4. The appellant is said to be the owner of offending vehicle, which is claimed to be insured with the original respondent No.4.

5. The sole ground on which appeal is argued is Ground No.(c), which reads as follows:-

"(c) That according to Order 1 Rule 10(4) of C.P.C. it is mandatory to serve the amended copy of petition with summons to the newly added parties. The appellant has not received any summons or amended copy of petition after verifying the record, it is noticed by the appellant that no such summons as per provisions of Order I Rule 10(4) of C.P.C. was issued to an

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