NATIONAL INSURANCE CO. LTD. Vs. MANI AND ORS.

JUDGEMENT

(1.) THE fourth defendant Insurance Company is the appellant herein. For the sake of convenience the parties are referred to as per their rank in the Tribunal. The brief facts relevant for consideration herein are as follows:

(2.) HEARD all and perused the records.

(3.) ONLY in this context, the first issue regarding the failure to implead the owner and driver of the goods carrier lorry in which the deceased was travelling has to be considered. When admittedly, the owner and the driver of the lorry were not impleaded as the respondents, no finding regarding the act of negligence on the part of the driver and the liability of the owner to pay any compensation, can be rendered, without giving them an opportunity to defend their case and any award passed without impleading them as parties is not in accordance with the procedure laid down and is in violation to the principles of natural justice and is not legally sustainable, not only against the owner and driver of the lorry but also against the Insurance Company. As a result, the impugned award in so far as it is against the fourth respondent National Insurance Company Limited is held liable to be set aside.