BANI RANI Vs. MANAGER NATIONALINSURANCE CO LTD

JUDGEMENT

(1.) THIS appeal has been directed against the judgment and order of the learned Judge, Motor Accidents Claims Tribunal, Jalpaiguri passed in connection with M. A. C. Case No. 182 of 1996.

(2.) ONE Bani Rani Das filed an application under section 140 of Motor Vehicles act claiming compensation to the tune of rs. 50,000 on account of death of her son, pranab Das, out of a motor accident which occurred on 11. 3. 1996 at about 9. 45 a. m. involving the vehicle No. WGV 2556 and the said accident took place when the vehicle while crossing an unmanned railway level crossing at Dakshin Barupara within the P. S. Kotwali in the district of Jalpaiguri collided with the running Trivandram Express and as a result of the accident, Pranab das along with several other passengers of the vehicle died on the spot.

(3.) THE respondent insurance company contested the claim application before the learned Tribunal but the owner of the vehicle, being the opposite party No. 2 of the original claim application, did not contest the claim application in spite of receipt of the notice of the same.