JUDGMENT :

This appeal by the owner of offending bus lays a challenge to the Judgment & Award dated 28.08.2014 whereby the Additional District & Sessions Judge at Gadag having favoured the claim in M.V.C. No.48 of 2013 has awarded a compensation of Rs.18,13,044/with interest at the rate of 6% per annum, subject to a usual condition of bank deposit of part money for a period of five years; the challenge is on the ground that the awarded liability needs to be fastened on the 7th respondent-insurer with whom the appellant had insured its offending bus.

2. After service of notice, the respondent-insurers having entered appearance through their panel counsel oppose the appeal vehemently contending that the concerned insurer, who has been now impleaded as the 7th respondent herein pursuant to order dated 29.03.2021, cannot be made liable in the absence of its impleadment before the Tribunal itself; the learned Sr. Panel Counsel for the other insurer namely Shriram General Insurance Company Limited, strenuously argues that the dispute is essentially between the appellant and it’s insurer, and therefore, he is miles away from the liability.

3. Having heard the learned counsel for the parties