JUDGMENT :

R.SUBHASH REDDY, J.

1. Leave Granted.

2. This Civil Appeal is preferred by the appellants claimants in M.A. No.66 of 2011, preferred before the High Court of Jharkhand at Ranchi, aggrieved by the judgment and order dated 03.08.2018.

3. Necessary facts, in brief, for disposal of this Appeal are that on 06.09.2004, while the son of the appellants -claimants viz., Ibran Ali, a boy aged about 7 (seven) years studying in Class-II, was standing by the side of the road in front of his maternal grandparents’ house, a motorcycle has dashed him causing grievous injuries resulting in his death. The said vehicle was driven by one Mr.Sunil Gurum and owned by respondent No.1 and insured with respondent No.2.

4. On account of the said accident which resulted the death of the child of the claimants, they filed a Claim Petition under Section 163-A of the Motor Vehicles Act, 1988 claiming compensation. Before the Motor Accidents Claims Tribunal, it was the case of the claimants that the accident has occurred due to rash and negligent driving of the driver of the offending motorcycle; the d