Judgment : Dr. Arijit Pasayat, J. 1. Leave granted. 2. The order passed today in the C.A. .../2009 arising out of SLP(C) No.7466/2005 would have relevance so far as for the present appeal is concerned. The basic issue is that in respect of an own damage claim relating to the vehicle a TATA 407 neither the insurer was not made a party but the concerned MACT fixed the liability on the appellant. This aspect has not been considered by the Division Bench of the High Court which dismissed the appeal filed by the appellant. 3. As has been done in the case of the connected appeal we set aside the impugned order and remit the matter to the High Court for fresh consideration. 4. The appeal is disposed of accordingly.