TRADERS PVT LTD Vs. SUNANDA WIDOW OF KRISHNA

JUDGEMENT

(1.) RULE. RESPONDENTS waive service. By consent of the parties, taken up for hearing forthwith.

(2.) IN this letters patent appeal, order dated 8/3/2000 passed by learned Single Judge of this court in First Appeal No. 807 of 1994 is under challenge. Respondents 1 to 4a are the heirs of one krishna Babu Machivala. They filed Application No. 827 of 1988 under the Motor Vehicles Act, 1939 (for short, "the said Act") in the motor Accident Claims Tribunal at Bombay, (for short, "the tribunal") for compensation on account of the death of the said krishna (for convenience, "the deceased") in a car accident on 16/12/1987.

(3.) WE shall now state how the parties are arraigned in the application before the Tribunal. Respondents 1 to 4a are the original applicants-claimants (for convenience, "the applicants ). Appellant 1 firm is opposite party No. 3. It is the owner of Maruti car No. GBL 8335. Maruti Car No. GBL 8335 shall be referred to as the said car and appellant 1 shall be referred to as the owner of the said car. Appellant 2 is the 2nd insurer. It is the insurer of the said car and shall be referred to as such. Respondent 5 is the owner of motor Truck No. MHT 1835. He is opposite party No. 1. Motor truck No. 1835 shall be referred to as the offending truck and respondent 5 shall be referred to as the owner of the offending truck. Respondent 5a is the widow of respondent 5. Respondent 6 is the dr iver of the offending truck. He is opposite party No. 2 and shall be referred to as the driver of the offding truck. Respondent 7 is the 1st insurer. It is the insurer of the offending truck an shall be so