GIRIJA DEVI Vs. KAMLA KANT SINGH

JUDGEMENT

(1.) HEARD Mr. Shailendra Kumar for the appellants, and Mr.Prasun Kumar Choudhary for respondent no.2 (the Divisional Manager, Oriental Insurance Co. Ltd., Muzaffarpur).The claimants are the appellants with respect to an application under Section 166 of the Motor Vehicles Act which has been dismissed by the impugned judgment dt. 7.9.99, passed by the learned 3rd Additional District Judge -cum -Additional Accident Claims Tribunal, Muzaffarpur, in Claim Case No. 198 of 1997 (Girija Devi V/s. Kamla Kant Singh).

(2.) APPELLANT No.1 (Girija Devi) is the widow of one Madan Prasad, the deceased, and the remaining appellants are the other heirs and legal representatives of the deceased. According to the claim case, Madan Prasad was on 20.8.97 travelling from Muzaffarpur to Motihari in Tata 407 Maxi Bus BR -06P 5691, owned by Kamla Kant Singh (respondent No.1), which was insured with respondent no.2. During the course of the journey, he was thrown out of the vehicle because of rash and negligent driving as a result of which he met with serious injuries and subsequently died on 24.8.97 at about 11.45 pm. The appellants preferred the claim application which has been rejected by the impugned order on the ground that they have been unable to prove that the deceased died during course of the accident. Hence this appeal at the instance of the claimants.

(3.) I have perused the materials including the original records. AW 1 (Girija Devi) is the widow of the deceased and appellant no.1 herein, and has inter alia deposed to the effect that the deceased had died in the accident and was earning a sum of Rs. 3000/ - per month. AW 2 (Marachhi Devi, appellant no.2) is the mother of the deceased, and A.W.3 (Mangal Mahto, appellant no.3) is the father of the deceased, and have deposed to the same effect as the widow (AW 1). AW 4 is Man Mohan Prasad, who is brother of the widow, and has lodged the first information report. He has deposed to the effect that after the accident, the deceased was admitted in the Motihari hospital and was referred to PMCH, Patna.The informant had taken him to the PMCH where he could not be admitted because of the ongoing strike, and was admitted to the private nursing home of Dr. Ramesh Chandra, where he died on 24.8.97. He has further deposed to the effect that Dr. Ramesh Chandra had given two certificates (one of which was death certificate) which are on record. He has further deposed that postmortem of the dead body was avoided. AW 5 (Rup Narayan Prasad), and AW 6 (Muntun Mahto), were feliow passengers and eye -witnesses, and have deposed to the effect that the deceased fell down from the vehicle because of the rash and negligent driving of the driver. This is the whole of the oral evidence.