ORIENTAL INSURANCE CO LTD Vs. JHAMAN MIAN

JUDGEMENT

(1.) Heard Mr. Ashok Priyadarshi for the Appellant, and Mr. Bashishtha Narayan Mishra for Respondent Nos. 1 and 2. This appeal is directed against the judgment and award dated 19.8.2000, passed by the learned 1st Additional District Judge-cum Claims Tribunal, East Champaran, Motihari, in Claim case No. 32 of 1994 Jhamman Mian V/s. Afzal Abdullah and Anr.

(2.) The Applicant 's case is that on 28.10.1994 at 1.00 A.M. victim Fazal Imam alias Lambu Mistri was under the standing truck No. BRD-7421 and doing repair work another truck No. BPI-6102 dashed against the standing truck as a result of which Lambu Mistri was seriously injured and died on way to hospital. The Applicant is father of the deceased. The occurrence took place at NH-28 road south of village Shambuapur, P.S. Dumariyaghat, District East Champaran. Dumariyaghat P.S. Case No. 28/94 dated 27/28.10.94 was registered marked Ext. 1. The police investigated the case and submitted charge-sheet marked Ext. 2. Dr. Devendra Nath Akela held post-mortem examination on the dead body of deceased Lambu Mistri on 29.10.94. Certified copy of post-mortem report is Ext. 3.

(3.) Respondent Nos. 1 and 2 herein filed the claim application under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act'). Respondent No. 1 herein (Jhaman Mian) is the father and Respondent No. 2 (Sahjida Khatoon) is the mother of the deceased. Respondent No. 3 (Afzal Abdullah) is the owner of the truck who has not entered appearance in spite of valid service of notice on him. According to the impugned judgment, the accident had taken place on 28.10.1994, and the victim had died the same day. The deceased was aged about 22 years and was a motor-vehicle mechanic under the employment of Shamim Mistri, owner of the motor-garage, Main Road Siwan. The deceased was earning Rs. 3,000/- per month as mechanic.