BHUWANESHWAR SAHU Vs. SUDHIR KUMAR JAIN

JUDGEMENT

(1.) This appeal is dated 14.5.1991 passed by 1st Additional directed against the judgment and award Distt. Judge-cum-Motor Accidents Claims Tribunal, Hazaribagh in Claim Case No. 65 of 1987 whereby he has dismissed the claim application holding that the claimant failed to prove rash and negligent driving of the dumper bearing No. BHM 2965 which dashed against the motor cycle which was involved in the accident.

(2.) It appears that son of the claimant, namely, Deepak Kumar Verma along with his friend Ashish Ranjan were going to Hazaribagh from Ramgarh on a motor cycle. On the way near village Hatiyari, dumper came from the opposite direction and dashed against the motor cycle, as a result of which, both the occupants of the motor cycle died. It is also stated that the dumper dragged the motor cycle and the occupants for about 30 ft.

(3.) Two claim cases were filed, one by the dependant of Ashish Ranjan being Claim Case No. 62 of 1987 and another by the dependants of Deepak Kumar Verma, which is the instant case. It further appears that so far Claim Case No. 62 of 1987 is concerned, parties have compromised before the Lok Adalat held at Hazaribagh and a sum of Rs. 1,40,000 has been paid to the claimants of that case by way of compensation. Since the instant claim case was disposed of, same could not be settled before the Lok Adalat.