UGNI BIBI Vs. GOBIND RAM HATHAMPURIA

JUDGEMENT

(1.) Claimant has preferred the appeal against the judgment of dismissal of claim application filed under sec. 92(A) of the MV Act (old) and under Sec. 142(2) of the M. V. Act of 1988 in Title Claim Suit No.37/92.

(2.) Claimant the widow of the deceased filed the claim case with regard to the death of Jalal Mian in a motor vehicle accident involving No. B.E.Y-5051 at village Takipur under Dumka district. It is averred the deceased was 55 years of age and had a monthly income of Rs.2000.00 from cattle trade at the time of the accident. The owner, driver and insurer of the offending vehicle were impleaded as opposite parties.

(3.) Both the owner and insurer of the vehicle appeared and contested the claim inter alia on the ground of non-joinder of necessary parties. It was pleaded by the owner of the vehicle that it was under the insurance cover of O.P. No. 3 Oriental Insurance Company at the relevant time of accident.