UNITED INDIA INSURANCE COMPANY LIMITED Vs. SUSHMA DEVI

JUDGEMENT

(1.) This appeal by the Insurance Company is directed against the award dated 30.06.2006 passed by the learned Motor Accident Claims Tribunal, Fast Track Court, Hamirpur.

(2.) The claim petition arises out of accident of bus No.HP-22-4295. Learned counsel for the parties submit that this matter is squarely covered by the judgement of this Court rendered in FAO No. 21 of 2006 and other connected matters decided on 10.09.2009. It would be pertinent to mention that in those appeals the awards were not disturbed. However, as far as the claim with regard to the liability is concerned the appeal of the Insurance Company was allowed and the Insurance Company was permitted to amend the pleadings. In this case like in the earlier cases the Insurance Company during the proceedings before the learned Tribunal had filed an application for amendment of the written statement and impleading certain parties. According to the Insurance Company Vijay Kumar was not the actual owner of the vehicle and he had sold the said vehicle to some other person and the vehicle finally had been transferred in favour of Shri Rakesh Kumar S/o Sh.Parkash Chand R/o Tika Thana Darogan, Tehsil and District Hamirpur and he was a necessary party to the petition. This application was rejected by the learned Tribunal.

(3.) In the judgement dated 10.09.2009 in FAO No. 21 of 2006 and other connected matters this Court held as follows:-