JUDGMENT :

Heard Mr. Dinbandhu Singh, learned Advocate assisted by Mr. Santosh Kumar, learned Advocate for the appellants and Mr. Ashok Priyadarshi, learned counsel for the United India Insurance Company Ltd. (respondent no.2) and Mr. Arvind Kumar, learned Advocate for the Bihar State Transport Corporation (respondent no.1).

2. The present appeal has been preferred for setting aside the judgment dated 21.11.2015 and award dated 02.03.2016 passed by the learned Additional District Judge-V- cum-Motor Vehicle Accident Tribunal, Rohtas (hereinafter referred to as ‘the Tribunal’) in M.V. Claim Case No.76/2009, C.I.S. No.193 (C.I.S. No. 193/2013) whereby and whereunder the learned Tribunal has been pleased to dismiss the claim petition filed by the claimants-appellants under Section 166 of the Motor Vehicle Act, 1988 (hereinafter referred to as ‘the Act of 1988’) on the ground of its being not maintainable.

Brief Facts of the Case

3. The claimants in this case are husband and three minor sons of one Kanchan Devi. The case of the claimants is that in a road traffic accident which took place on 27.06.2005 on National Highway No.30 in front of Panditpura, P.S. Dinara (Bhanash), District-Rohtas