This appeal is directed against the judgment and award dated 19.5.2008/15.12.2008 passed by Sri Ashok Kumar Pathak, the Additional District Judge-VI, Patna-cum-Motor Vehicle Accident claim Tribunal, Patna in Claim Case No. 41 of 2005 (Lilawati Devi and others versus Binod Rai and others) whereby the learned Tribunal while allowing the claim has granted liberty to the appellant for recovery of the said amount from the owner of the offending vehicle.

2. Facts of the case leading to the claim application in brief is that the deceased along with some other persons were going from Danapur towards Bihta by Tata Spacia passenger Jeep bearing Registration No. BR 1P-9531 which met with an accident allegedly on account of rash and negligent driving of the vehicle and which resulted into the death of Sheo Prasad Singh@Sheoji Singh, the husband/father of the claimants. Whereas the claimant No.1, Lilawati Devi is the widow of the deceased, the other claimants are his children. Upon service of notice the Insurance Company appeared and contested the matter. The Driver and the owner of the offending vehicle did not choose to appear and contest the proceeding and thus the claim case was heard