SUGANDHA DEVI Vs. MUNSHI SAW

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) This appeal has been filed by the claimants challenging the award dtd. 28/7/2018 passed in Claim Case No. 125 of 2010 by the District Judge, Presiding Officer, Motor Vehicles Accident Claims Tribunal, Hazaribag, whereby, the claim application, filed by the claimants on the ground of death of Tulsi Sao, was rejected.

(3.) The claim application, for grant of compensation was filed under the Motor Vehicle Act, 1988 by the claimants, who are the wife, children and parents of the deceased, stating therein that on 22/12/2009 at about 8 p.m., Tulsi Sao (deceased) was driving the vehicle- Mahindra Jeep bearing registration No. JH-13A4213, which was being used for the purpose of business and was loaded with consignment of liquor from Smirdhi Traders. He along with others was going to village Kanhachatti. At about 8:30 p.m to 8:45 p.m, when the vehicle reached near Pandey Mahua Ghati, Katkamsandi Road, he found that the road was blocked by stone barriers. The deceased stopped the vehicle when 10-12 miscreants (road robbers) armed with lethal weapon and fire arm, intercepted the vehicle. The deceased-driver tried to escape by reversing the vehicle, but one of the miscreants fired bullet from his fire arm, which hit the head of the deceased. The deceased sustained grievous injury. The robbers robbed all the valuables from the vehicle and detained the vehicle for 10 minutes. The companion of the deceased thereafter rushed the deceased to Sadar Hospital, but he succumbed to the injury.