NATIONAL INSURANCE COMP. Vs. SANJAY SAHA

JUDGEMENT

(1.) No one turned up on behalf of the respondents despite putting appearance in the case. Heard the learned counsel for the appellant.

(2.) This appeal has been filed against the order dated 23.01.2008 passed by 1st Addl. District Judge-cum-Motor Vehicles Accident Claim Tribunal, Gaya in M.A.C. Case no. 64 of 2005, whereby the learned Tribunal directed the Opposite Party Nos. 2 and 3 to pay compensation to the tune of Rs. 25,000/- each to the applicants and Opposite Party no. 4 and 5 within two months from the date of the order.

(3.) Factual matrix of this case is that one Dayanand Sahay, who happens to be the father of the Director of Company namely, Sanjay Sahay was travelling in a Maruti Car bearing registration no. DL-2-CS/2093 hailing to M/s Daya Engineering Works Ltd from Gaya to Patna on the fateful day. When he arrived near the Makhdumpur district-Jehanabad, his car collided with Maruti van bearing registration no. GJ-16K/3349 due to rash and negligent driving of the aforesaid vehicles by their respective drivers. In the said collusion, Dayanand Sah died on the spot. Regarding the said accident, Makhdumpur P.S. Case no. 39 of 2002 was instituted under Sections 279, 337, 338 and 304(A) of the Indian Penal Code against the drivers of the offending vehicles. Due to the death of the deceased (Dayanand Sahay) in the said accident, his wife Sushila Sahay and son Sanjay Sahay filed a petition under Section 140 of the Motor Vehicles Act, making rest legal heirs of the deceased as Opposite Party Nos. 4 and 5, insurer of the former vehicle and owner of the later vehicle as parties in the case.