Heard Mr. S. Lodh, learned counsel appearing for the appellant and Mr. P. Saha, learned counsel appearing for the claimant-respondents.

2. This is an appeal by the National Insurance Company Limited, the insurer of the offending vehicle bearing registration No. No. TR01S0246 [Ambassador] owned by the respondent No.3, questioning the judgment and award dated 16.05.2013 delivered in T.S.(MAC) 338 of 2012 by the Motor Accident Claims Tribunal, Court No. 4, West Tripura Agartala.

3. Appearing for the appellant, Mr. S. Lodh, learned counsel has urged fundamentally 3(three) grounds of objection viz:

(i) The owner of the other vehicle bearing registration No. TR03C9880 [Motor Bike] involved in the said accident has not been impleaded as the party in the claim proceeding and thus the claim petition was hit by the principle of non-joinder of necessary party.

In this regard Mr. Lodh, learned counsel has placed reliance on a decision of the Gauhati High Court in Dipak Kumar Jain Vs. Rita Das and Others reported in (2006) 3 GLR 720 as under :

10. In the face of the evidence on record, there can be no escape from the conclusion that the said accident took place, because of the rash and neg