FAO No. 451 of 2007 14.3.2008 Present: Mr. Lovnesh Kanwar, Advocate, for the appellant. Mr. Deepak Bhasin, Advocate, for respondent No. 3 Learned counsel for the appellant submits that if the CMP No. 1010/2007 is heard and decided, the main appeal can also be disposed of as he would restrict his ground limited to the extent that the Insurance Company is liable to indemnify the appellant. CMP Nos. 1009 & 1010/2007. Reply is not sought to be filed by the respondents. The fact that the respondents had issued an insurance policy with regard to the appellant’s Bus bearing No. HR-68-0453 is not disputed. The original policy has been filed along with the application and is taken on record. The applications stand disposed of. FAO (MVA) No. 451/2007 With the consent of the parties, the matter is heard. Notice in the appeal was issued to respondent No.3 only. Respondent No.1 is the claimant and respondent No.2 is the driver and, therefore, no notices were issued to them. Vide impugned award dated 25.7.2007 passed in MAC No. 78 of 2003, in case titled as Rattan Lal vs. General Manager, Haryana Roadways and others, the Motor Accident Claims Tribunal, Bilaspur, District Bilaspur, H.P. awarded compensation of Rs.2,69,450/- along with interest @ 7.5% per annum. The liability to pay the same was determined after considering the material on record. The liability to pay the compensation to the claimant was fastened on both respondents No.1 & 2, i.e. the General Manager, Haryana Roadways, Chandigarh and driver respondent No.2 Ramesh Chand. Learned counsel for the appellant has confined the grounds of the present appeal to the extent of the liability of the present respondent No.3, namely, The National Insurance Company Ltd. The fact that the vehicle in question was insured by the Insurance Company is not disputed. In this view of the matter, the present appeal is allowed on the limited ground that the determined liability shall be that of respondent No.3 Insurance Company. On this ground and in view of the admitted position, the present appeal is disposed of. It is however, clarified that it shall be open for the Insurance Company to assail the award on such grounds as may be available to them in accordance with law. The appeal stands disposed of. ( Sanjay Karol ), Judge. March 14, 2008 (rana)