RANCHI, India, Aug. 25 -- Jharkhand High Court issued the following order on July 25:

1. The claimants are the appellants before this Court. The instant Miscellaneous Appeal has been preferred against the order dated 12.03.2014 passed in Claim Case No. 32/2008 passed by learned District Judge-V-cumP.O., M.V. Act, Hazaribagh whereby the claim application has been dismissed as the learned Tribunal has decided all the issues against the claimants.

2. It is the case of the appellants/claimants that on 22.06.2007 was fateful day when accident took place between the Motorcycle and a new Bolero car not having registration number, having Engine No.- GF74E60660 and Chassis No.- MAIXA-2GEK72E25889. Mahesh Prasad Mehta (since deceased) being a pillion while returning home along with Prakash Mehta who was driving the motorcycle which was dashed by new Bolero car in a rash and negligent manner and as a result Mahesh Prasad Mehta (since deceased) fell towards the right side and his head came under the wheels of said new Bolero car. Mahesh Prasad Mehta (since deceased) sustained serious injuries due to said motor accident and succumbed to injury in course of treatment.

3. An F.I.R got registered on the fardbayan of Murli Prasad Mehta, brother of the deceased under Sections 279/304(A) of IPC. Thereafter, due investigation was done and charge sheet was filed against the driver of the offending vehicle. Thereafter, the claimants filed an application u/s 140 and 166 M.V. Act arraying the owner of new Bolero car having Engine No.- GF74E60660 and Chassis No.- MAIXA-2GEK72E25889 and insurer of the said new Bolero car as respondent no.-2. Despite service of notice, owner of new Bolero car did not turn up for enquiry and thus, learned Tribunal proceeded ex-parte against the owner, however insurance company participated in the enquiry and also filed W.S denying claim of claimants on various grounds.

4. In Support of their claim, claimants got examined three witnesses, C.W.-1 Murli Prasad Mehta who happens to be informant and brother of deceased, C.W.-2 Anita Devi who happens to be wife of deceased and C.W.-3 Ramchandra Prasad Mehta. C.W.-1 reiterated the incident and rest two witnesses stated that they were not eye witnesses to the said accident and deposed about the work and monthly income of the deceased. Claimants further brought on record following documents :

I. Ext.1 is he F.I.R. of Ichak P.S. Case No.185 of 2007.

II. Ext.2 is the charge-sheet of Ichak P.S. Case No.185 of 2007.

III. Mark X is the copy of postmortem report of Mahesh Prasad Mehta.

IV. Mark X/1 is the copy of certificate of registration of Dumper No.WB-37A-6668; wherein name of registered owner mentioned as Harjeet Singh.

V. Mark X/2 is the copy of driving license of Dashrath Mahto.

VI. Mark X/3 is the temporary permit of Dumper No. WB-37A6668.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=oVz058q2ZLjDVEITM0Vw1N3CuzLVI4RF%2F0ZV3KYbC%2FryTKqJE%2BPwZoNDBle9kcfo&caseno=MA/172/2015&cCode=1&cino=JHHC010158642015&state_code=7&appFlag=)

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