JUDGMENT :

1. Heard the parties.

2. No one turns up on behalf of the respondent no.1 in-spite of repeated calls. Hence, this appeal is heard ex-parte against the respondent no.1.

3. This appeal is directed against the judgment and award dated 30.04.2008 passed by the Additional District Judge-F.T.C.VI-cum-Motor Vehicle Accident Claims Tribunal, Jamshedpur by which the learned Tribunal dismissed the claim petition filed by the claimants on the ground that they failed to prove that the death of the deceased- Shamsher Ansari was caused by the rash and negligent driving of the driver of the offending vehicle.

4. The brief facts of the case is that on 15.10.2005 when the deceased- Shamsher Ansari was going to the market, the offending motorcycle being rashly and negligently driven, dashed the deceased due to which the deceased sustained injuries and succumbed to the said injuries. It is stated that the deceased was running a tailoring shop and the whole family of the deceased was dependent upon him. The deceased was stated to be aged 30 years as is mentioned in his postmortem report and it is stated that the deceased was earning Rs.5,000/- per month from his occupation in the said tailo