PERMILA DEVI Vs. INDERDEO CHOUDHARY

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the respondent No.3.

(2.) In spite of service of notice, no one appears on behalf of the respondent Nos.1 and 2 (owner and driver of offending vehicle).

(3.) It appears that the claimants, wife, sons and daughter of the deceased Mr. Shivlal Mallah, claimed compensation. It has been stated that an accident took place on 12/9/2008 at 11:00 p.m. while deceased was going to attend the call of nature. All of sudden, one Commandar Jeep No.JH-02C-4505, came rashly and negligently and dashed him. The deceased sustained serious injuries and he was admitted to Hospital for treatment where in course of treatment, he died on 13/9/2008, for which a case has been lodged at Barhi Police Station being Barhi P.S. Case No.187 of 2008 The wife, sons and daughter of the deceased have filed a Claim Case before the District Judge-V-cum-Presiding Officer, Motor Vehicle Accident Claims Tribunal (MVACT), Hazaribagh and accordingly, a Compensation Case No. 02 of 2009 has been instituted in which after taking evidence and hearing the parties the learned Claim Tribunal has returned its finding.