( 1 ) THIS is an application made by the claimant, who is the respondent No. 1 in the Insurer's appeal, for summary dismissal of the said appeal.

( 2 ) IT is submitted that the fact of the accident and of the use of the vehicle there is no dispute. It is further submitted that the insurer has not raised any dispute in regard to the validity of the policy itself. As it appears from the Memorandum of Appeal, the insurer's only substantial grievane is against the quantum of damages assessed. Before the Claims Tribunal, the owner never put in an appearnace. The contest was made by the insurer and the insurer only. The insurer was a party to the claim from the beginning. Notice was also duly served. The insurer no doubt disputed the quantum, before the Claims Tribunals but even then, according to the claimant, the appeal is not arguable by the insurer.

( 3 ) THE facts of this case and the litigation so far are that sometime in or around July 1989, which is the month when the Motor Vehicles Act, 1988 also came into operation, the unfortunate accident occurred killing the only issue of the claimant. The claimant now resides in an interior part of Midnapore and is ill