CHAMPARAN Vs. NEW INDIA INSURANCE COMPANY, RAIPUR, MADHYA PRADESH, AT PRESENT BRANCH BETTIAH, DISTRICT-BETTIAH

JUDGEMENT

(1.) THIS appeal arises out of an order dated 14th of August, 2001 passed by a learned Single Judge in M.A. No. 230 of 1996.

(2.) An accident took place in the outskirt of Bettiah town involving bullet motorcycle bearing Registration No. BHE 3303 and truck bearing Registration No. M.P.23 -B/ 2177. In the said accident, two persons, namely, Bhuneshwar Singh and Mithilesh Prasad Singh, who were going by motorcycle, died. Wife of Bhuneshar Singh, namely, Shakuntala Devi and that of Mithilesh Prasad Singh, namely, Meena Singh, appellant herein, filed applications claiming compensation under the Motor Vehicles Act, which were registered as Claim Case No.3 of 1993 and Claim Case No.4 of 1993 respectively. 1st Additional District Judge -cum -Claims Tribunal, West Champaran, Bettiah, by common award dated 23rd of March, 1996, rejected their claims, inter alia, observing that it has not been proved that accident took place due to the negligence or fault on the part of the truck driver.

(3.) AGGRIEVED by the same, Shakuntala Devi preferred M.A. No. 225 of 1996 and this Court, by order dated 11.12.1997, dismissed the appeal affirming the finding that accident had not taken place due to the negligence on the part of the driver of the truck.