G KANAKALAH Vs. G SANTHAMMA

JUDGEMENT

(1.) This appeal is directed against the award dated 19-9-1988 passed in O.P. No.80 of 1986 on the file of the Motor Accidents Claims Tribunal-cum-District Judge, Adilabad.

(2.) Gajula Lingaiah died on 16-10-1985 in a motor vehicle accident caused due to actionable negligence of the driver of the auto ABY 6686. The wife and children of the deceased filed the above O.P. claiming a total compensation of Rs.2,00,000/- against the driver, owner and the alleged insurer i.e., New India Insurance Company, Hyderabad. Respondents resisted the petition. The Tribunal, after considering the evidence on record, awarded a total compensation of Rs.1,15,000/- with interest at 12% per annum as against the driver and owner of the vehicle, but dismissed the petition as against the New India Insurance Company finding that the vehicle was not insured with them and that it was insured with the National Insurance Company Limited. Aggrieved by the said award, owner preferred the appeal.

(3.) During the pendency of appeal, the Divisional Manager, National Insurance Company Limited, Bank Street, Hyderabad, was impleaded as 9th respondent as the vehicle was insured with that company. In view of this new development in the case, it is necessary to remand the case to the Tribunal to give an opportunity to the impleaded respondent, National Insurance Company Limited to file its counter and adduce evidence, if any, on its behalf before the award is passed against the 9th respondent herein.