Short Note 1. This appeal is directed against the award dated 4.5.1994 in Claim Case No.8/90 by Motor Accidents Claim Tribunal. Manendragarh, District Surguja allowing the application of the Claimant/respondent No.1 under section 166 of the Motor Vehicle Act, 1988 (hereinafter referred to as the Act for short) and an award of Rs.40,000/- was granted in his favour. 2. The claimant/respondent No.1 alleged that the appellant, who was the respondent No.3 in the claim petition was the insurer of the offending vehicle. The owner and driver, though impleaded in the claim petition as respondent Nos.1 & 2, remained absent and were proceeded against ex-parte. The present appellant/insurer, in its written statement denied that the offending vehicle was insured with it. However, the learned Tribunal did not frame any specific issue on the plea as above. The appellant was, however, made liable for payment of the amount of award jointly and severally with the owner and driver. 3. The learned counsel for the appellant submitted that the insurance of the offending vehicle was in fact done by the New India Assurance Co. Ltd. and not by the appellant Oriental Insurance Company as was alleged in the claim petition. In support of the contention as above, copy of the policy document as per ‘Annexure A-1' was filed, which substantiated the contentions as above. 4. In view of the above, it is clear that the insurer of the offending vehicle was New India Assurance Company and not the appellant. The award as against the appellant, who was the Respondent No.3 in the trial Court, therefore, cannot be sustained. In the circumstances, the New India Assurance Co. Ltd. will have to be impleaded as the insurer in place of the appellant, the Oriental Insurance Co. Ltd. The insurer as above, i.e., the New India Assurance Company Ltd. will have to be noticed and given an opportunity of hearing. The case, therefore, deserves to be remanded for retrial in pursuance of the observations as above. 5. Accordingly, the appeal is allowed. The impugned-award is set aside. The Tribunal is directed to notice the parties again and after impleading the New India Assurance Co. Ltd., insurer of the offending vehicle and after issuing notice to it and giving the parties an opportunity of hearing, the petition of the claimant-respondent No.1 shall be decided afresh.