ORDER
Delay condoned. 2. Leave granted. 3. This appeal is filed by the Appellant challenging the legality of the judgment and order dated 28.1.2010 passed by the Allahabad High Court Lucknow Bench dismissing the Misc. Petition filed by the Appellant herein. By filing the said petition, the Appellant herein prayed for an order for deleting his name from the proceedings initiated under the Motor Vehicles Act. 4. The Appellant at the relevant time was the Special Secretary of the Planning Department of the Government of Uttar Pradesh. An accident had occurred on Allahabad Lucknow highway allegedly due to rash and negligent driving of the driver of the Ambassador Car having registration no. UP 32T 4191, a vehicle owned by the Estate Department of the State of Uttar Pradesh. The appellant was travelling in the said car at the time of the accident. 5. A petition was filed on behalf of the injured girl by the guardian claiming compensation. It is contended that the Appellant was only an occupant in the car and that he was neither the owner of the vehicle nor the driver and therefore he was not a necessary party to be impleaded in the said proceedings initiated for payment of compensation. He sought for deletion of his name from the array of parties by filing the said petition. The High Court, however, did not accept the aforesaid prayer of the Appellant and instead held that the presence of the Appellant is necessary for effective and complete determination of the dispute between the parties. 6. Upon hearing the counsel appearing for the parties, we are unable to accept and agree with the aforesaid findings recorded by the High Court. The owner of the vehicle is already on record as a party as also the driver of the vehicle. The Appellant was only travelling and an occupant in the car at the time when the accident occurred. It is not necessary to implead an occupant of the car despite the fact that such vehicle in which he was travelling had met with an accident. We are of the opinion that since the Appellant is neither the owner of the vehicle nor was a driver of the vehicle nor he was an insurer, therefore, he is not a necessary party in the dispute involved in the aforesaid proceedings. The name of the Appellant stands deleted from the array of the respondents in the claim petition. 7. The appeal is allowed to the aforesaid extent. .