K.Kannan, J.

1. The Insurance Company is in appeal challenging the award passed in a petition filed for compensation under Section 163-A by the representatives of the deceased, who was a pillion rider in the insurers scooter. The accident is said to have arisen by a collision with a Cielo car when the scooterist and the pillion rider fell from the vehicle and a Maxi cab drove over the person causing the death. According to him, the case could not have been prosecuted without making the owners of the Cielo car and the Maxi cab which had ultimately caused the death of the person.

2. The learned counsel refers to a decision of this Court in Bhajan Lal Bishnoi v. Rajasthan S tate Road Transport Corporation, (1991-1)9 P.L.R. 561, where the Bench of this Court held that the joint tortfeasors were necessary parties and if yet another vehicle, who had caused the acbident, was not added, the other joint tort feasors would not be liable. I find from the judgment that the case did not go as far as to say that the petition itself was not maintainable but it found that the claim cannot survive against a person, who was not added as a party. This decision answers therefore only one issue