Heard learned counsel for the appellant and learned counsel for the respondent-United India Insurance company Limited. No one turned up on behalf of the respondent nos. 1(i) to 1(vi) despite service of notice to advance argument in this appeal.

2. The appellant has filed this Miscellaneous Appeal against the judgment and award dated 07.11.2009 passed by the Additional District Judge-I, Bhojpur at Ara in Motor Vehicle Claim Case No. 37 of 1999, whereby dismissed the case of the appellant as not maintainable.

3. It is submitted by the learned counsel for the appellant that the learned lower court has dismissed the case only because she has not given information as required in Column Nos. 17 and 23 of the claim application rather mentioned as ‘not applicable’ against the aforesaid two columns. The objection raised regarding the said aspect of the case by the Insurance Company during pendency of the case has already been disposed of by the learned lower court on 21.09.2002. Hence, after disposal of the said objection, the claim case ought not have been dismissed on the said ground.

4. On the other hand, learned counsel for the respondent-Insurance Company submitted that the dece