1. The Union of India represented by the General Manager. Southern Railway, Madras is the petitioner in the above civil revision petitions. The claimants in O.P. Nos. 14, 16 and IS of 1971 under the Motor Accidents Claims Tribunal are the respondents herein. They filed the claim against the owner of the bus and the Insurance company for an accident which took place on 10th November 1969 at a leval crossing near karur. The Insurance company was made the 4th, 5th and 4th respondent in the respective applications. The respondent-insurance company, in their counter to the claim petitions, contended that they were not liable but it is only the Indian Railways that was negligent in as much as the gateman employed at the level crossing was responsible for the accident as he had kept the railway gate wide open for the highway traffic to pass, without any signal of the passing train. After this defence, the claimants filed Interlocutory Applications Nos. 559, 504, and 649 of 1971 respectively, praying that the railways may be made a party to the applications. The railways contested the applications and submitted that they were neither necessary nor proper party and that they shou