P. A. CHOUDHARY, J.

( 1 ) THIS is an appeal filed against an order of the 1st Additional District Judge, Visakhapatnam under Order 1, Rule 10. C. P. C. adding the present appellant as a party respondent to O. P. No. 86/77 now pending before him as a claim for compensation for a motor vehicle accident.

( 2 ) APPARAO, the first respondent before this Court sustained head injuries in a motor vehicle accident on 10-2-1977 due to the alleged rash and negligent drying of a lorry A. P. P. 7823. After some abortive attempts at compromise based upon promises to compensate him the victim filed a claim petition in O. P. No. 86/77 claiming compensation in a sum of Rs. 10,500. 00. In that petition the claimant made K. V. Krishnayya as respondent No. 1 and the United India Fire and General Insurance Company Limited. Rajahmundry as respondent No. 2. He made Krishnayya as party-respondent apparently on the basis that he was the owner of the vehicle and the United India Fire and General Insurance Company Limited on the basis that it was the insurer. Krishnayya remained ex parte and never took part in the claim proceedings. The United India Fire and General Insurance Company Limited filed a counter a

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