NATIONAL INSURANCE CO. LTD Vs. SANTOSH KUMAR

JUDGEMENT

(1.) THE appellant/Insurance Company of the offending truck has filed this appeal against the award dated 23rd July, 1999. There was head-on collision on 5.2.1995, between truck No. MKN-176 and tractor No. MP 13/K-4407. The respondent No. 1 is the owner of the tractor. The Tribunal has awarded a compensation of Rs. 24,000/-, against the Insurance Company of the truck for the damages to the tractor as well as for the loss suffered on account of tractor lying die for a period of 2-3 months.

(2.) MR . Swami, learned Counsel for the appellant submitted that the owner of the tractor has already taken compensation for the repairs of the tractor from the Insurance Company of the tractor and in this case also such an objection was taken, but on this objection neither any issue was framed nor any inquiry was held, nor the Insurance Company of the tractor was made party, otherwise this Would have come on record that in such circumstances when the tractor owner has already taken compensation, then he is not entitled to claim any compensation from the Insurance Company of the truck, who is alleged to be the offending vehicle.

(3.) CONSIDERING the objections and looking to the pleadings and issues framed by the Trial Court, this appeal is allowed, the impugned order is set aside and the case is remanded to the Tribunal. The Tribunal shall make the said Insurance Company as party in the petition and, after giving notice and opportunity shall decide Issue No. 3.