VEENA DEVI Vs. RAM NANDAN PRASAD

JUDGEMENT

(1.) This is an appeal preferred against order dated 7.9.2006 passed by 3 rd Additional District Judge-cum-Claim Tribunal, Patna, in claim case no. 133/2003 filed by the claimant appellant, dismissing the claim application on the solitary ground that since it is independently filed under section 140 of the Motor Vehicle Act, (hereinafter referred to as the "Act") is not maintainable.

(2.) The relevant short fact is that the deceased Gopal Ram husband of appellant no. 1 and father of remaining appellants died in a road accident on 4.7.1996 involving bus bearing no. BR-21-5011 and Trekker bearing no. BR-21-5744 and police case bearing Silao (Nalanda) P.S. Case No. 239/1996 was also registered under Section 279, 337, 338 and 304(A) of the Indian Penal Code.

(3.) The deceased was traveling from Trekker and due to head injury he had to loose his life and in support of the claim on behalf of petitioner appellants copy of First Information Report of Silao (Nalanda) P.S. Case No. 239/1996, post mortem examination report and death certificate of the deceased was filed in the case instituted against the owner of the vehicle and insurer also, wherein after hearing the court below, relying on a Single Bench decisions of this court in a case of Divisional Manager, Oriental Insurance Co. Ltd. Vs. Gulzari Kuer,1999 1 PLJR 872, dismissed the application.