1. - This Misc. appeal has been filed by the National Insurance Company against whom award was passed by MACT Judge, Kothputli on 25th October, 1997.

2. Learned Counsel for the petitioner raised so many points submitting that the Insurance Company was made a party before the Tribunal after a lapse of much time, the details of insurance policy were not submitted to the Insurance Company for a long time and that the award suffers from many infirmities as it is clear from the evidence on record. For example, the claimant specifically mentioned that both the drivers of the bus and track were negligent in driving and therefore, the question of contributory negligence was not considered. Statement of claimant was ignored by the learned Tribunal and liability of company has been wrongly fixed. The Tribunal has also grossly erred in completely giving go by to the principles of natural justice. He has, therefore, submitted that the award passed by the Tribunal should be set aside.

3. On the other hand, learned Counsel for claimant-respondents has submitted that the Insurance Company has very limited defence and that the learned Counsel for the appellant cannot controvert this positio