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Judgment
N. Ananda
This appeal is filed against dismissal of Misc. No. 62 /2003 filed to set aside the judgment and award made in MVC No. 1042/1994 dated 07.11.2001 I have heard Sri. P.B. Raju, learned counsel for appellant and I have been taken through the impugned award.
The learned judge of the Tribunal on appreciation of pleadings and the evidence adduced by claimant and respondents 1 and 2 has passed the award fastening liability on respondents No. 1 to 4.
Incidentally, it is necessary to state that petitioner herein was the 4th respondent in MVC No. 1042/1994. Respondent''s No. 1 and 2 have discharged their part of liability. The award passed in MVC No. 1042/1994 is partly satisfied. What remains to be satisfied is the part of liability fastened on the appellant and its insured. The judgment in MVC No. 1042/1994 was rendered on merits. Therefore, the application filed under Order 9 Rule 13 for setting aside part of the judgment and award is not maintainable. In the result, the appeal is dismissed reserving liberty to the appellant to file an appeal subject to law of limitation. The amount in deposit shall be transferred to the Tribunal.