PUNAM DEVI Vs. BAIDHNATH KUMAR SAW

JUDGEMENT

(1.) Heard Mr. Parth Jalan, learned counsel appearing on behalf of the appellants/claimants, Mr. Kumar Nilesh, learned counsel appearing on behalf of the Respondent No. 1/Owner and Mr. Alok Lal, learned counsel appearing on behalf of the Respondent No. 2/Insurance Company.

(2.) The present miscellaneous appeal has been preferred by the claimants against the award dtd. 17/3/2016 passed in Title (M.V.) Suit No. 01 of 2013 by the learned District Judge- XV- cum- P O, M.A.C.T., Dhanbad, whereby Tribunal has dismissed the suit of the claimants and held that neither the Owner nor the Insurance Company is liable to indemnify the Compensation

(3.) The brief facts of the case is that Manish Kumar (since deceased) being Co-driver/driver while returning from Asansol after unloading the vegetables, along with other Co- driver/driver Sudhir Kumar Ram and his friend Amit Kumar Srivastava from TATA ACE pickup van bearing registration No. JH-10Z/3595 which was knocked down by unknown truck coming from opposite side, driven by its driver in rash and negligent manner. Due to the said incident, all the three persons got injured and on the way to hospital Manish Kumar and his friend Amit Kumar Srivastava succumbed to injury.