BIR SINGH Vs. HASHI RASHI BANERJEE

JUDGEMENT

(1.) One Biswanath Banerjee met path his death In a fatal accident on the Jessore Road due to a collusion between a passenger bus and a motor lorry carrying goods, the two coming from opposite directions. Biswanath was travelling in the bus. The plaintiffs respondents are the widow, a minor daughter, and his dependent parents. The plaintiS claimed under the Fatal Accidents Act (XII of 1855) compensation of Rs. 30,000/-. Originally the suit was brought against four persons who were described as the owners and the drivers of the bus and the lorry' in question as also "Habib Bank Limited", described as the firm with which the lorry had been insured. Defence was filed on behalf of defendant No. 1, the owner of the bus. No appearance was entered on behalf of the two drivers (defendants Nos. 2 and 4) as also defendant No. 3 Amiruddin who was described in the plaint originally as the owner of the lorry.

(2.) Written statement was filed on behalf of Habib Insurance Company Limited, describing itself as defendant No. 5, though the party named in the plaint was "Habib Bank Limited". The description of this defendant was subsequently corrected in the plaint. Various defences were raised by the owner of the bus and Habib Insurance Company Limited. The learned Subordinate Judge decreed the plaintiffs' claim against ail the deiendants, on contest against two and 'ex parte' against the remaining three. Habib Insurance Company Limited had stated in their defence that the person recorded in their books as the owner of the lorry was one Abdul Karim and not Amirucidin. Steps were taken thereafter by the plaintiffs to add the said Abdul Karim as defendant No. 6. This added defendant did not enter appearance and the suit was dismissed as against him on the ground that he had been brought on the record alter the period of limitation.

(3.) Two appeals have been preferred to this Court. First Appeal No. 76 of 1951 is by Bir Singh, deiendant No. 1, the owner of the bus. First appeal No. 113 of 1851 has been filed by defendant No. 5, Habib Insurance Company Limited, with which concern the lorry had been insured.