ORIENTAL INSURANCE CO LTD Vs. JAMUNA PRASAD

JUDGEMENT

(1.) THIS appeal is directed against the award dated 4.5.1994 in Claim Case No. 8/90 by Motor Accidents Claim Tribunal, Manendragarh, District Surguja allowing the application of the Claimant/respondent No. 1 under section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act for short) and an award of Rs. 40,000/ was granted in his favour.

(2.) THE claimant/respondent No. 1 alleged that the appellant, who was the respondent No. 3 in the claim petition was the insurer of the offending vehicle. The owner and driver, though impleaded in the claim petition as respondent Nos. 1 and 2, remained absent and were proceeded against ex -parte. The present appellant/insurer, in its written statement denied that the offending vehicle was insured with it. However, the learned Tribunal did not frame any specific issue on the plea as above. The appellant was, however, made liable for payment of the amount of award jointly and severally with the owner and driver.

(3.) THE Tribunal is directed to notice the parties again and after impleading the New India Assurance Co. Ltd., insurer of the offending vehicle and after issuing notice to it and giving the parties an opportunity of hearing, the petition of the claimant - respondent No. 1 shall be decided afresh.