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Head Note

Motor Vehicles Act,1988  - Section 173 , The Code of Civil Procedure, 1908  - Order I Rule (10)

Compensation - Liability of Insurance company - Dismissal - Appeal - Propriety of - Necessary party - Insurance Company filed appeal on ground that offending vehicle was not insured at the time of accident, it cannot be saddled with any liability - This question is intimately linked with the entitlement of the claimant to receive compensation amount from Insurance Company - It cannot be said that the claimant was not required to be heard and appeal was to be dismissed, so far as he is concerned - Order of High Court set aside.

Topic(s)-Liability of Insurance company , Compensation

Important Decision(s)- Insurance Company filed appeal on ground that offending vehicle was not insured at the time of accident - This question is intimately linked with the entitlement of the claimant to receive compensation amount from Insurance Company.