Judgment 1. Heard learned counsel for the appellant and learned counsel for the owner of the vehicle (respondent no. 5). 2. This Miscellaneous Appeal has been filed against the judgment and award dated 23.03.2004 by which the learned Addl. Motor Accident Claims Tribunal-cum- 7th Additional District Judge, Muzaffarpur allowed Claim Case No. 265 of 2000 filed by the claimants, respondents 1st Set and directed the Insurance Company (appellant) to pay Rs. 1,57,000.00 to the claimants with interest at the rate of 9% per annum since the filing of the claim case till the realisation of the said amount. 3. Against the said order this Miscellaneous Appeal was filed whereafter on 08.03.2007 it was specifically stated on behalf of the appellant (Insurance Company) that it is not aggrieved with the quantum and merit of compensation fixed for the claimants rather it is only aggrieved with the other part of the order directing the Insurance Company to pay that amount as the private Jeep, which was insured was being used for commercial purposes at the time of accident and hence it is the owner of the vehicle who is liable to pay the compensation to the claimant as it is violation of the policy but even thereafter the learned Court below held the appellant liable for the same. 4. Learned counsel for the appellant further submits that owner of the truck which had collided with the Jeep of respondent no.5 (opposite party No.1) in which the deceased was travelling was not impleaded in the claim case. 5. On the other hand, learned counsel for the owner of the jeep namely opposite party no.1 (respondent no. 5) vehemently opposes the contentions of the learned counsel for the appellant and submits that his jeep in question was not being used for commercial purposes, rather it was being used for private purposes. 6. Be that as it may the owner of the jeep namely opposite party no.1 (respondent no. 5) had not appeared in the Court below nor the owner of the truck, which had collided with the jeep causing the accident had been impleaded in the claim case, although he was a necessary party for disposal of the instant case. 7. In the aforesaid facts and circumstances without going into the merits of the case the impugned order dated 23.03.2004 is set aside and the learned Court below namely Addl. 7. In the aforesaid facts and circumstances without going into the merits of the case the impugned order dated 23.03.2004 is set aside and the learned Court below namely Addl. Motor Accident Claim Tribunal-cum-7th Additional District Judge, Muzaffarpur is directed to reconsider the matter after impleading the owner of the truck and after hearing the owner of the jeep in question, namely opposite party no.1 (respondent no. 5) whose counsel appearing in this case submits that he will appear in the claim case within two months from today. Since the main question regarding the use of the jeep in question, either for commercial purposes or for private purpose has not been considered by the learned Court below the learned Court below will decide all the issues involved including the said issue afresh preferably within a period of four months from the date of appearance of the parties in the Court below. 8. With the aforesaid observations/directions this Miscellaneous Appeal is allowed. 9. Let the amount deposited by the appellant in the instant appeal under the provision of Sec. 173 of the Motor Vehicles Act at the time of filing of the Miscellaneous Appeal be remitted to the aforesaid Tribunal for being paid to the claimants. Office to take necessary steps in that regard immediately.