SATYA DEVI Vs. SHANTI AND CO RANCHI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31-5-2002 passed by the 2nd Addl. District Judge- cam-Motor Vehicle Accident Claims Tribunal, Dhanbad in Title (M. V.) Suit No. 8 of 1998 whereby he has dismissed the claim case filed by the appellants under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of death in a motor vehicle accident.

(2.) The facts of the case lie in a narrow compass :- On 3-6-1997, one A. S. I. of Khunti Police Station recorded fardbeyan of Jyoti Kerketta wherein she inter alia stated that she along with her mother Bironika Soren, sisters Anita Kerketta, Saroj Kerketta, Renu Premika Kerketta and brother Rakesh Kerketta were travelling in a Maruti Van bearing registration No. BER-1900. When the Maruti Van reached Mainu Garha More, a rashly and negligently driven truck bearing Registration No. BR 14A-9711 coming from opposite direction collided with the Maruti Van as a result the Maruti Van fell down in a ditch and caught fire. Due to this accident, her brother Rakesh Kerketta and sister Renu Premika Kerketta died on the spot and her mother Bironika Soren, sisters Saroj Kerketta, Anita Kerketta and Dhama sustained simple and grievous injuries. It was also stated in the fardbeyan that deceased Rajesh Sharma was a motor mechanic and had a workshop in the district of Hazaribagh. On coining to know about the death of Rajesh Sharma, his father Banshiial Sharma immediately sworn an affidavit to the effect that his son Rajesh Sharma has died in the said accident and his name was wrongly recorded as 'Rakesh Kerketta', The appellants being the legal representatives of the deceased Rajesh Sharma filed application for compensation under Section 166 of the Motor Vehicles Act for grant of compensation on account of death of Rajesh Sharma. On being noticed, the respondents appeared and filed their written statements. In their written statements, the respondents have denied the death of Rajesh Sharma in the said accident.

(3.) The Tribunal after discussing the case of the parties and considering the evidence brought on record, has recorded a finding that the claimants-appellants have failed to prove beyond reasonable doubt the death of Rajesh Sharma in the said motor vehicle accident and on the basis of that finding, the claim case was dismissed.