JUDGMENT

Vivek Singh Thakur, J. (Oral) - Petitioner is wife of deceased Rajinder Singh, Junior Engineer H.P. Public Works Department, expired in an accident dated 19.11.2006 on collapse of a bridge during its load testing. She has approached this Court under writ jurisdiction praying for compensation from respondents for causing death of her husband in the accident in question on account of negligence on the part of respondents.

2. Respondents 1 to 4 have filed reply, admitting the claim with averment that on the basis of indemnification clause 74.2 of the contract agreement signed between department and respondent No. 5, it was obligation and responsibility of respondent No. 5 to ensure and pay damages against loss or injury which might occur to any person (including an employee of department) by or arising out of carrying out the contract. Objection of nonjoinder of insurance company, name of which was to be disclosed by respondent No. 5, has also been taken.

3. It is also objected by respondent-State that there are four legal heirs of deceased whhereas present Petition has been filed only by one legal heir i.e. wife of deceased Rajinder Singh and non joinder of necessary party on