NEW INDIA ASSURANCE COMPANY LTD. , Vs. SUNAINA DEVI

JUDGEMENT

(1.) Heard, learned counsel for the appellant- The New India Assurance Company Ltd.

(2.) Learned counsel for the appellant has submitted that the deceased (Virendra Saw), a bachelor, riding on the Motorcycle bearing Registration No.JH14A 8786 was hit by a Bus-407 bearing Registration No.BR15P-0283.

(3.) Learned counsel for the appellant has further submitted that issue involved in the present case is that though there was head-on collision between the two vehicles, but the claimants have not impleaded the owner and driver of the offending motorcycle as party in the claim application, as such, the claim application was itself not maintainable and fit to be dismissed by the learned Tribunal because of nonjoinder of the necessary party and contributory negligence ought to have been granted by the learned Tribunal to the extent of 75% and 25% against the bus and Motorcycle respectively for a head-on collision.