NEW INDIA ASSURANCE COMPANY LTD Vs. MIRA DEVI

JUDGEMENT

(1.) Heard the parties.

(2.) This is an Appeal preferred against judgment and award dated 19th February 2011 passed by the Additional District Judge-cum-M.V.A.C. Tribunal, Saran, Chapra (hereinafter referred as to the "Tribunal") in Claim Case No. 10 of 2001 by the Insurer appellant.

(3.) This is relevant to mention that one Ajay Kumar was driver of a bus bearing No. BR-04/9995, owned by respondent Nos. 4 and 5, who died due to sudden collision with a truck, driver of which also died at the spot but claim application was preferred without impleading the owner, insurer and heirs of the deceased driver of such truck and also no details whereof the same was mentioned in the claim application. The Insurer and the bus on his appearance in written statement has taken objection of their being not impleading a party to the proceeding. In spite of such objections nothing could be done.