LAKHAN CHAUHAN Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Heard the learned Counsel Sri Uday Shankar Saran Singh, appearing on behalf of the appellant and the Learned Counsel Sri Durgesh Kumar Singh appearing on behalf of respondent No. 1, Oriental Insurance Company Ltd.

(2.) This Misc. Appeal has been filed by the claimants appellants against the order dated 28.11.2006 passed by the District Judge - cum - Motor Vehicle Accident Claim Tribunal, Nawada, in M.V. Claim Case No. 76/05 whereby the learned Tribunal while deciding the preliminary issue held that the claim application is not maintainable.

(3.) It appears that the claimants-appellants filed the aforesaid claim case claiming compensation on the facts, inter alia, that the deceased Vishundeo Chauhan was a cleaner in a Truck bearing Registration No. WB 03 / 6289. The said Vishundeo Chauhan died during course of his employment when the truck was going from Velore to Ghaziabad. The dead body was found by Chaukidar, Sudhir Paswan, under a bridge within the District of Aurangabad. The F.I.R. was lodged by him. A case under Sections 302/201/34 I.P.C. was lodged being Madan Pur P.S. Case No. 141/03. During investigation it was found that while the deceased was going in the Truck on the way some criminals captured the truck after murdering the driver and the cleaner, i.e. the deceased in this case.