PUSHPABAI Vs. RAMOTIBAI

JUDGEMENT

(1.) Invoking revisional jurisdiction of this court under section 115 of the Code of Civil Procedure ('the Code' for short) the claimants/applicants have called in question the defensibility of the order dated 10.3.2000 passed by the Additional Motor Accidents Claims Tribunal, Dhamtari in Claim Case No. 62 of 1999.

(2.) The facts as have been depicted are that the applicants as claimants filed the aforesaid case against the non-applicants claiming compensation of Rs. 8,40,000. It is stated in the claim petition that the applicant No. 1 is the widow of late Bhikan Ram and the applicant Nos. 2 and 3 are the minor children. It is pleaded that the late Bhikan Ram was a co-owner of the tractor along with the non-applicant Nos. 1 to 4. It is also set forth that he was engaged as a driver in the vehicle and was getting Rs. 1,500 towards his salary. That apart, he was also getting Rs. 1,500 from his agricultural property. It is further set forth that the said vehicle is insured with the non-applicant No. 5, Oriental Insurance Co. Ltd. In this factual backdrop a claim for the aforesaid amount has been advanced.

(3.) The non-applicant Nos. 1 to 4 appeared before the court below and filed their written statement admitting the facts and further stating that as the vehicle was insured the insurance company was liable to make good the claimed amount. A written statement was filed by the insurer denying the liability on the ground that the vehicle was registered in the name of late Bhikan Ram and others and, therefore, he was the co-owner of the vehicle and as far as the co-owner is concerned, the insurer is not liable to indemnify the claim put forth for his death. The insurer filed a preliminary objection to the claim petition. The Tribunal on consideration of the facts and circumstances of the case and appreciating the stand of the insurer came to hold that the insurance company was not liable to pay the compensation and exonerated it. The said order accepting the preliminary objection is the cause of grievance of the present revisionist.