JASRAM Vs. KAPTAN SINGH THAKUR

JUDGEMENT

(1.) MR . A.K. Mangal, learned Counsel for appellant. None appears for respondent Nos. 1 and 2. However, power of Mr. R.S. Morya and Mr. Avadh Singh, Advocate is filed.

(2.) MR . M.P. Agarwal, learned Counsel for the newly added respondent No. 3, the New India Assurance Co. Ltd.

(3.) THIS appeal is under Section 173 of the Motor Vehicles Act, 1988 filed by the appellant whose claim has been dismissed in toto by the Tribunal. The Tribunal while holding that the accident in question, took place with a tractor bearing registration No. R.J.-11-R-0025, dismissed the claim on the ground that the identity of its owner, insurer and driver could not be established. Now the appellant has filed documents which purports to be registration certificate and the insurance documents of the said offending vehicle. From these documents, it is clear that the said tractor was owned by respondent No. 1 Kaptan Singh and was insured with the New India Assurance Co. Ltd. on the date of the accident. However, the insurer having been impleaded for the first time in this Court, it appears just and proper to remand the case back to the Tribunal below so as to enable respondent No. 3 to defend the claim on the grounds available to it in law. The Insurance Company may also seek permission in terms of Section 170 of the Motor Vehicles Act, 1988.