DIPALI PAL Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) THE learned Advocate for the appellants submits that he has filed an application being C.A.N. 11429 of 2013 in view of the fact that the appellant No. 2 has since attained majority. The said learned Advocate also submits that along with such application he has filed a duly executed Vakalatnama on behalf of the appellant No. 2. Let it be recorded that the appellant No. 2 has attained majority and the said appellant should now be shown as major.

(2.) THE department shall make the necessary correction in the cause title of the Memorandum of Appeal immediately.

(3.) ONE Ashok Kumar Pal at the age of 37 years met with an accident and died on 25.06.2001. It appears that the said Ashok Kumar Pal was an employee of a certain company and it was claimed by the original claimants, that is, the appellants in both the appeals that the salary of the said Ashok Kumar Pal was Rs. 8,400/ -. The appellants in both the appeals filed an application under section 140 of the Motor Vehicles Act, 1988 and in the said application the respondent Nos. 4 and 5 filed a counter claim. It may be recorded here that the appellant No. 1, Smt. Dipali Pal claimed to be the wife of the said Ashok Kumar Pal and the appellant Nos. 2 and 3, namely, Krishna Kumar Pal and Chinmay Kumar Pal claimed to be the minor sons of the said Ashok Kumar Pal through the second marriage of Ashok Kumar Pal with Smt. Dipali Pal. The respondent Nos. 4 and 5 are the wife and the son of the said Ashok Kumar Pal and the stand taken by the respondent Nos. 4 and 5 is that the respondent No. 4 is the legally married wife of the said Ashok Kumar Pal and the respondent No. 5 is the son of the said Ashok Kumar Pal and Smt. Sumita Rani Pal. According to the respondent Nos. 4 and 5, the said Ashok Kumar Pal at the time of his death had only one legally married wife, that is, the respondent No. 4 and the appellant No. 1 is not the legally married wife of the said Ashok Kumar Pal. The learned Court below considered the said application under section 140 of the said Act and also the counter claim made by the said respondent Nos. 4 and 5 and ordered that the application under section 140 by the appellants herein be dismissed and the counter claim made by the said respondent Nos. 4 and 5 be allowed. Thus, Rs. 50,000/ - was awarded in favour of the respondent Nos. 4 and 5 under section 140 proceedings.