MOHANLAL Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) Mohanlal has preferred this appeal against the order of award dated 15-9-1984 passed by the Motor Accidents Claims Tribunal, Banswara against him under S.92A, Motor Vehicles Act (hereinafter mentioned as the Act).

(2.) An accident took place on 27-8-1983 by truck No. RJQ 1187 near 'Chhatris' of Prithvi-vilas in Banswara in which Shri Badri Chand died. The claimants-respondents 3 to 8 filed their claim under S.110-A of the Act for a sum of Rs. 4,50,000/-. Along with this claim the claimants also submitted a claim petition under S.92-A of the Act for passing an award for a sum of Rs. 15,000/- as the first mentioned compensation. The learned Tribunal passed a claim of Rs. 15,000/- against the appellant Mohanlal on 15-9-1984. This order has been challenged in appeal.

(3.) A preliminary objection has been raised by Shri P.K. Bhansali learned counsel for respondent 1 National Insurance Company to this effect that the Insurance Company was not party in the main claim under S.92-A of the Act. Without impleading the Insurance Company a party to the claim and without giving opportunity to hear the Company no award could be passed against the Insurance Company. This Company has been made respondent in this appeal and as the Company was not a party in the original claim under S.92-A of the Act the present appeal is not maintainable against the Company. On this preliminary objection I have heard both the learned counsel at length.