NATIONAL INSURANCE CO LTD Vs. SUBHIYA BAI

JUDGEMENT

(1.) THIS appeal is directed against the award dated 21. 7. 1994 passed by the VI Addl. Motor Accidents Claims Tribunal, Raipur, whereby a total sum of Rs. 46,200 was awarded as compensation to the claimant Subhiya Bai as Gobruram was killed in a motor vehicle accident on 25. 6. 1988. Gobruram was travelling in a private jeep No. MBS 51 on 25. 6. 1988. The jeep turned turtle due to some accidental reasons and Gobruram, as a result of injuries died.

(2.) THE claimant filed the claim petition under Section 110-A of the then Motor Vehicles Act, 1939, within the prescribed period. The Tribunal held that she should be presumed to be the wife of the deceased as she was residing with him for the last 25 years before the death. The Tribunal also held that though the sons of the deceased were not made parties, it could not affect the maintainability of the claim petition. The deceased was 60 years old at the time of death.

(3.) THE only question which needs to be discussed in this appeal is whether the claimant could be held to be wife of the deceased. Counsel for the appellant has brought to my notice the statement of the claimant made on oath before the Tribunal in which she stated that her previous husband was alive but she was living as wife of Gobruram for the last 25 years and that she never married Gobruram. Another witness Onkar, AW 2, produced by her also stated that there was no marriage between Gobruram and the claimant.