MOHINI MOHAN SEN Vs. JYOTSNA NAG

JUDGEMENT

(1.) This revisional application under Article 227 of the Constitution is directed against the judgment and order passed by Mr. B.B. Chatterjee, the learned Additional District Judge presiding over Motor Accidents Claims Tribunal, Midnapore, in MAC. Case No. 172 of 1989.

(2.) On 11/3/1989 one Gopal Chandra Nag, the husband of the claimant, while waiting for boarding the bus was dashed by the offending bus No. 3994 which was coming at the relevant time at a high speed and was severely injured. He was admitted to Midnapore Sadar Hospital and later referred to S.S.K.M. Hospital, Calcutta and on his way to this hospital, he died. The claimant filed an application under Section 92-A along with her main claim for an ad hoc payment of Rs. 15,000/- as compensation allowable under Section 92-A of the Motor Vehicles Act. The learned Judge allowed such application and directed the owner of the vehicle alone to pay the amount to the claimant to the exclusion of the insurance company. The owner of the vehicle before the Claims Tribunal filed an application for review of the order praying for a direction upon the insurance company to pay the amount as the offending vehicle was fully insured. The learned Judge rejected his application. Being aggrieved by such judgment and order, he has come up in revision.

(3.) The opposite parties have not entered appearance in spite of service of notice upon them which is evident from the affidavit of service filed on behalf of the revisionist.