JUDGMENT. :

1. The appellants/original claimants preferred this appeal against the dismissal of claim petition.

2. It is contention of learned counsel for the appellants that the Tribunal has dismissed. The claim petition, on the ground that the claimant should have impleaded the owner and insurer of the offending truck as party. Learned counsel further submits that the Tribunal has erroneously dismissed the claim petition without considering fact that deceased was travelling in the vehicle and it is the choice of claimants to recover the compensation from any of the tortfeasors. She relied on Khenyei vs. New India Assurance Co. Ltd. & Ors. 2015 ACJ 1441.

3. It is contention of the learned counsel for the respondents/ insurance company that the offending vehicle was stationed on the side of the road and the vehicle in which deceased was traveling dashed, the stationed vehicle from the back side, so there was no negligence of the driver of the offending vehicle which was stationed on the road. Moreove