BASURI SHAW Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) This appeal is directed against the Order No. 4 dated 2nd February, 2005 passed by the Motor Accident Claims Tribunal, Malda in M.A.C. Case No. 323 of 2004. By the impugned order the learned Tribunal had allowed the application by the respondent No. 3 praying for dismissal of the said motor accident claim case.

(2.) An application under section 166 of the Motor Vehicles Act, 1988 was filed by the respondent No. 3 as well as the appellants jointly. The respondent No. 3 is the widow of the deceased victim, while both the appellants are the unmarried sisters of him. It was contended on behalf of the respondent No. 3 that she being the widow of the deceased is entitled to the amount of compensation alone and, therefore, the joint petition filed by the respondent No. 3 along with the appellants who are the sisters of the deceased was to be dismissed. It is on record that respondent No. 3 alone has further filed an independent claim case, being M.A.C No. 352 of 2004 under section 163A of the Motor Vehicles Act praying for compensation due to the accidental death of her husband, after the petition under section 166 as above was filed. The respondent No. 3 accordingly filed an application for dismissal of petition under section 166 upon allegation that the same was filed beyond her knowledge and consent. The same has been allowed which is the subject-matter of challenge in this appeal.

(3.) The question arises for consideration here is whether the appellants who claimed to be the sisters of the deceased are also entitled to receive compensation along with the respondent No. 3 being the widow of the deceased.