( 1 ) ONE Biswanath Banerjee met path his death In a fatal accident on the Jessore Road due to a collusion between a passenger bus and a motor lorry carrying goods, the two coming from opposite directions. Biswanath was travelling in the bus. The plaintiffs respondents are the widow, a minor daughter, and his dependent parents. The plaintis claimed under the Fatal Accidents Act (XII of 1855) compensation of Rs. 30,000/ -. Originally the suit was brought against four persons who were described as the owners and the drivers of the bus and the lorry' in question as also "habib Bank Limited", described as the firm with which the lorry had been insured. Defence was filed on behalf of defendant No. 1, the owner of the bus. No appearance was entered on behalf of the two drivers (defendants Nos. 2 and 4) as also defendant No. 3 Amiruddin who was described in the plaint originally as the owner of the lorry.

( 2 ) WRITTEN statement was filed on behalf of Habib Insurance Company Limited, describing itself as defendant No. 5, though the party named in the plaint was "habib Bank Limited". The description of this defendant was subsequently corrected in the plaint. Various d