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Judgment
B.N. Deshmukh, J.—This appeal is filed by the appellant against the judgment of the Tribunal disallowing her claim for compensation u/s 92-A of the Motor Vehicles Act.
An application came to be filed for adding Oriental Fire & General Insurance Company as a party to the proceedings.
The Insurance Company was served and Shri A.A. Joshi appears for it in the civil application. He contends that the entire evidence is recorded without the Insurance Company being party to the proceedings and, therefore, on the basis of evidence already recorded, no findings should be arrived at so as to bind the Insurance Company.
It is an admitted position that the vehicle which is alleged to have caused the accident is registered with Oriental Fire & General Insurance Company Ltd. The Insurance Company is a necessary party to the proceedings u/s 92-A.
The learned Counsel Shri Kapadia, appearing for the respondent, objected for adding the Insurance Company as a party in appeal on the ground that it is not party to the award. He relied upon the decision of Rajasthan High Court in Mohanlal Vs. National Insurance Company Ltd. and Others, . According to him, the Insurance Company cannot be made party to this appeal when the Company is not party to the award passed by the Tribunal. Hence, he requests for rejection of application for adding party as the addition of party may involve remand of the matter when in fact the entire evidence between the parties was recorded. I, therefore, reject the application for adding Oriental Fire & General Insurance Company as party to this appeal as I am of opinion that the claim of the claimant can be met even without the Insurance Company. There shall be no order as to costs.