( 1 ) RULE, returnable forthwith. Heard finally with consent of the parties.

( 2 ) THIS is an appeal by an Insurance Company - original N. A. No. 3.

( 3 ) THE facts giving rise to this appeal are as follows -One Girish Chandak was travelling in a Jeep No. MH29/c498 as a gratuitous passenger on 22-2-1999. The said Jeep was hit by Bus No. MH27/a9096 which came from the opposite direction. It is alleged that the said bus was being driven rashly and negligently. Due to the dash given to the Jeep, girish suffered serious injuries to vital organs and he died. N. A. No. 1 Shakil was driver of the bus while N. A. No. 2 Salim is the owner of the bus and the said bus was insured with N. A. No. 3. It is contended that Girish was 30 years of age and was running an electronic instrument shop. He was earning around Rs. 10,000/-per month. The claimants, therefore, claimed compensation of Rs. 6,00,000/ -. ( 4 ) THE application was opposed by the present appellant/insurance company alone. It denied that the accident had taken place due to rash and negligent driving and contended that the accident had occurred due to rash and negligent driving of the Jeep and petition was, therefore, bad for non-joi

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