BRINDA ROUTH Vs. UNITED INDIA INSURANCE COMPANY LTD

JUDGEMENT

(1.) THIS appeal is at the instance of the claimants in a proceeding under Section 163a of the Motor Vehicles Act and is directed against the award dated 29th June, 2005 passed by the Motor Accident Claims Tribunal, burdwan, in M. A. C. Case No. 85 of 2004 thereby disposing of the said proceeding by awarding a sum of Rs. 1,60,500/- to the claimants to be paid by the United India Insurance Company Ltd.

(2.) BEING dissatisfied, the claimants have come up with the present appeal.

(3.) THERE is no dispute that the victim was the "khalasi" of an oil-tanker which collided with a lorry resulting in his death. In the claim-application under section 163a of the Motor Vehicles Act, the claimants, his heirs and legal representatives, however, made the owner of the oil-tanker and its insurer as parties to the proceedings without impleading either the owner or the insurer of the lorry as parties. The claimants alleged that the victim used to earn Rs. 3,000/- a month, as an employee, from the owner of the oil-tanker.