TAPESHWAR PRASAD Vs. AKASHYABAT RAY

JUDGEMENT

(1.) The instant miscellaneous appeal has been directed against the award dtd. 21/12/2015 passed in Claim Case No. 02/2008 by the Presiding Officer, Motor Vehicles Accident Claim Tribunal, Hazaribagh.

(2.) The brief facts leading to this Miscellaneous Appeal are that the claimants Tapeshwar Prasad and three others had filed a claim petition with these averments that on 25/6/2007 at 06:30 AM the wife of petitioner no.1 Tapeshwar Prasad alongwith other family members were going to Rajrappa by the Jeep No. JH-02-E-3343 and when they reached near Village Kaitha, 8 Km east of Police Station Ramgarh a bus no. BR-14-P-2711 (hereinafter referred to as the offending vehicle) hit the Jeep as a result of which the deceased died on the spot and FIR bearing no. 285/2007 under Sec. 279/337/338/304A of the Indian Penal Code was registered at Ramgarh Police Station against the driver of the offending vehicle. The deceased was running a provision store and was earning Rs.10,000.00 per month.

(3.) On behalf of op no.1 the owner of the bus no. BR-14-P-2711, no one appears despite service of notice hence the claim petition was proceeded against him ex-parte.