JUDGMENT

Dharmadhikari, J.-Leave to appeal is granted. The learned counsel appearing for the parties are heard on the merits of the case.

2. The facts of this case are peculiar and the procedure adopted and decision rendered by the Division Bench of the High Court is rather strange.

3. The appellant is Tamil Nadu State Transport Corporation (referred to as the Corporation for short). On 28.11.1983, respondent No. 1 while driving bus of the Corporation collided against private bus coming from opposite direction. The bus of the private operator was insured with respondent No. 3 United India Insurance Company. As a result of the accident Respondent No. 1 who was driver of the bus of the Corporation suffered multiple fractures of his right leg which had to be ultimately amputated. The driver of the Corporation bus filed a claim petition for compensation under the provisions of Motor Vehicles Act 1939 in the Court of Subordinate Judge, Chidambaram. In the claim petition only the proprietor of the private bus and the insurance company from which it was insured were made parties. The Claims Tribunal i.e. the Court of Subordinate Judge, Chidambaram in its award made on 21.10.1986 came to t