Raj Kishore Prasad, J.

1. This is an appeal under Sec.110-D(1) of the Motor Vehicles Act, 1939 , (Act IV of 1939), (hereinafter referred to as "the Act"), by the opposite party No. 2, the owner of the bus in question, against an award of the Claims Tribunal, Muzaffarpur allowing a sum of Rs. 3,000.00 to the applicant Mt. Tarabati Kuer, respondent No. 1, widow of the deceased Girish Chandra Prasad a Civil Court copyist, against opposite party No. 1, the driver, who is now dead and the appeal has abated against him and his heirs; opposite party No. 2, the appellant, the owner of the bus, and opposite party No. 3. The Oriental Fire and General Insurance Company Ltd., which was the Insurer, now respondent No. 4, making them liable both jointly or separately.

2. The facts, put shortly, are these:-

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On 2-8-1961, the deceased Girish Chandra Prasad was crushed under the wheels of the bus driven by opposite party No. 1, respondent No. 3, Ibrahim Mistry, against whom also the appeal has abated, belonging to opposite party No. 2. Ramashray Singh, the owner of the bus, the appellant, Girish Chandra Prasad died subsequently on 3-8-1961 in the hospital. On 3-10-1961 the widow of the dec