CHHUNWA DEVI Vs. ARJUN ORAON

JUDGEMENT

(1.) THIS appeal is directed against the judgment passed in Compensation case No. 125/87 by Sri. Lakhan Kumar Sahay Addl. Judicial Commissioner cum Motor Vehicle Accident Claims Tribunal, Lohardage thereby and thereunder the claim of compensation as preferred by the appellant is dismissed.

(2.) THE fact, in short, for the purpose of this appeal is that the aforesaid compensation case was preferred by these appellants who are none else than the widow, sons and daughter of one Chamru Ram who while going on cycle on 24.2.1987 and reached near a bridge on Shankh river at Kuru Lohardage road, then the Oraon bus bearing No. BPV 9669 came with great speed and was being driven rashly and negligently by the driver and it dashed against the deceased causing fatal injury on the spot. The driver sped away with the vehicle towards Lohardage side.

(3.) THE appellants' claim was rejected by the court below mainly on the ground that the identity of the bus involved in the accident had not been established. In the claim petition, full details were given about the bus SPV 9669, that is, Oraon bus and this fact has not been challenged by the owner of the bus himself. Moreover the Insurance Company has not adduced any evidence denying that Oraon bus bearing registration No. BPV 9669 was not involved. Moreover, admittedly the FIR was lodged for the accident, that is, Ext. 1 by Awadh Bihar Singh who has even claimed to have witnessed the occurrence. He had clearly stated that accident took place due to rash and negligent driving by the driver of the Oraon bus. In the charge sheet also, that is, Ext. 2 it is dear that Oraon bus bearing No. RPV 9669 was involved in the accident.