VISHUNDEO MAHTO Vs. KODAI SAHNI

JUDGEMENT

(1.) This miscellaneous appeal filed by appellants against the judgment and award dated 7.9.1999 passed by 3rd Additional District Judge-cum-Additional Motor Accidents Claims Tribunal, Muzaffarpur (in short, 'the Tribunal') in Claim Case No. 29 of 1992 dismissing the case of the appellant, with the consent of the parties, is being disposed of finally at the stage of hearing under Order 41, rule 11 of the Civil Procedure Code.

(2.) Short facts of the case are that on 20.4.1991 deceased Chandradeo Mahto alias Bataha was returning to his home with his brother Indradeo Mahto alias Nanhki on a cycle from Delhi Auto Centre, Bhagwanpur, Muzaffarpur and when he reached Pakri Chowk, driver Ramesh Rai, respondent No. 2, by driving rashly and negligently a tractor bearing No. BPF 2917 knocked him down causing his death for which Sadar P.S. Case No. 74 of 1991 was instituted by Vishundeo Mahto, appellant No. 1, father of deceased. Appellants who include father, mother and brothers of the deceased claimed Rs. 7,55,000 as compensation by filing compensation case. Kodai Sahni, the respondent No. 1, is said to be the owner of the tractor and the Divisional Manager, Oriental Insurance Co. Ltd., Motijheel, Muzaffarpur with whose insurance company the tractor was said to be insured at the time of accident were opposite parties who appeared and contested the case. The claim application on contest, was dismissed and the respondent No. 4, the insurance company was given liberty to take action for realization of a sum of Rs. 25,000 given to the appellants as interim compensation.

(3.) The case of appellants is that in spite of sufficient material on record the Tribunal has wrongly held that appellants did not succeed to prove that alleged accident took place by tractor No. BPF 2917.