PANCHANAND PANDEY Vs. PRABHU SINGH

JUDGEMENT

(1.) THIS Miscellaneous Appeal has been preferred by the claimant -appellant against the judgment dated 8th May, 1997 passed by Sri P.N. Prasad, 3rd Additional District Judge -cum -Motor Vehicle Accident Claim Tribunal, Saran at Chapra in Claim Case No. 32 of 1993 whereby he has been pleased to dismiss the claim application of the appellant.

(2.) THE brief facts of the case are as follows: - Appellant, Panchanand Pandey, filed claim application on account of the death of his son Deepak Pandey aged about 8 years who met with an accident on 8.8.1993 at 9.30 A.M. near village Basdila and died on the spot. The registration number of offending vehicle was BHD 1645 which was being driven in rash and negligent manner as a result of which accident took place. For the said accident, a criminal case bearing Kopa RS. Case No. 63/ 93 dated 8.8.93 was instituted against the driver of the truck and thereafter this claim application was filed by the appellant, the father of the deceased Deepak Pandey.

(3.) FROM perusal of the judgment of the Tribunal it appears that the Tribunal framed altogether four issues in this case which are as follows: - (1) Is the claim case maintainable? (2) Was the truck driver driving the truck rashly and negligently? (3) Was the truck insured at the time of accident? (4) Is the claim amount as claimed by the claimant proper and payable?