PATNA, India, Feb. 28 -- Patna High Court issued the following judgment on Jan. 29:

1. Heard Mr. Durgesh Kumar Singh, learned counsel for the appellant and Mr. Laliteshwar Prasad Sharma, learned counsel for the respondents.

2.The present petition has been preferred for the following relief/s:

"setting aside the judgment dated 22.12.16 and Award dated 21.02.17 passed by Sri. Hasmuddin Ansari, 7th Addl. Dist. Judge cum Motor Accident Claim Tribunal, Gaya (here in after referred to as the Tribunal), in MAC Case no. 01 of 16/77 of 14 'Sumitra Devi & others v/s The National Insurance Co. Ltd & another' by which compensation has been allowed against the appellant".

3. The facts leading to the present appeal is/are as under:

4) One Suresh Pandit who was a government employee with the Sub-Divisional Office, Gaya was moving on his vehicle bearing registration no. BR-02T-3321. As he approached the G.T. road, a truck bearing registration no. UP65AT-6024 driving in a rash and negligent manner dashed the vehicle from the opposite side. Suresh Pandit sustained grievous injury and died on the spot. Subsequently, the lady/children moved before the 7th Additional District Judge-Cum-Motor Accident Claim Tribunal, Gaya in MAC Case No. 01 of 2016/77 of 2014.

5) The Court framed the following issues:

(i) is the claim case as preferred maintainable?

(ii) have the appellants got valid cause of action to file the claim case?

(iii) whether the deceased Suresh Pandit died in a motor vehicle accident on 09.12.13 at village Pandey Bara on G.T. Road under P.S. Chouparan, District-Hazaribagh, due to rash and negligent driving by the driver of truck bearing registration No. UP-65 AT 6024?

(iv) whether the driver of the said truck has valid and effective driving license at the time of accident and owner of the said truck violated any terms and conditions of insurance policy?

(v) whether the deceased was a Govt. Employee and his monthly income was Rs 19040/- per month at the time of alleged accident?

(vi) whether the applicants are untitled to get compensation of so to what amount and to whom? 6. Sumitri Devi (A.W.-01), wife of the deceased and Mithilesh Pandit (A.W.-02) were examined. While Sumitri Devi informed that upon knowledge, she rushed to the place within an hour and found the dead body of her husband, A.W.- 02, Mithilesh Pandit an eye-witness and was present at the spot and he narrated the story of the truck dashing the car in a rash and negligent manner causing death of Suresh Pandit.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MiM2MjMjMjAxNyMxI04=-tmCjIf2QZ0E=)

Disclaimer: Curated by HT Syndication.