MD NIJAMUDDIN Vs. RAJESHWAR PRADSAS

JUDGEMENT

(1.) HEARD the counsel for the parties.

(2.) THIS appeal is directed against the judgment and award dated 21. 5. 2007 passed by the Motor Accidents Claims Tribunal, Gumla in M. A. C. C. (MJC) Case No. 6 of 2002 whereby he has dismissed the claim application filed by the appellants-claimants on the ground that deceased was not having a valid driving licence to drive the motor cycle and there is contradiction in the statements of PW 1 and the informant.

(3.) THE facts of the case lie in a narrow compass: one Imtiyaz Khan was a motor cycle mechanic. On the fateful date of accident the cousin of the deceased Imran came on a motor cycle to his shop and informed about the technical defect in his motor cycle. He requested for sitting upon the motor cycle and understanding the defect. The motor cycle was being driven by the deceased Imran. Both were going towards kartik Oraon College. It was alleged that while driving the motor cycle slowly passing in front of the Rotary Club, all of a sudden tractor bearing registration No. JH 07-A 1420 which was being driven rashly and negligently, dashed the motor cycle from behind as a result of which both the occupants of motor cycle fell down and the deceased, Imran succumbed to his injuries.