JUDGMENT

1. Leave granted.

2. Heard the learned counsels for the parties.

3. The present appeal challenges the judgment and order dated 21.01.2016 passed by the learned single judge of the High Court of Patna in Miscellaneous Appeal No. 521 of 2011 thereby, holding the cross-objection of the claimant to be not maintainable.

4. The facts, bare necessary, for decision of the present appeal, are as under:

5. On 2.5.2008, Sanjay Tanti, husband of appellant No.1; father of appellant Nos. 2 to 4 and son of appellant No. 5 met with an accident while he was travelling from Ladma to Goradih by a Tata Maxi. The appellants filed a Claim Petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the M.V. Act"). The owner of the vehicle was joined as Opponent No.1; the driver of the vehicle was joined as Opponent No.2 whereas, the National Insurance Company Limited (hereinafter referred to as "the Insurance Company") were joined as Opponent Nos. 3 and 4.

6. The claim of the Insurance Company was that the driver and owner of the vehicle had breached the terms and conditions of the insurance policy and, as such, they are not liable for payment of compensation.

7. The Motor V