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 tailoring shop.

5. The insurance company in its written statement before the Tribunal has expressed ignorance about the entire averments made in the claim petition and pleaded that the Tribunal direct the applicants to produce the FIR and charge sheet to prove its case.

6. The owner of the vehicle in his written statement has not disputed the averments made in paragraph nos.1 to 13 in the claim petition except the monthly income of the deceased. The owner of the vehicle pleaded that the offending motorcycle was insured with the opposite party no.2- insurance company and the period of policy was from 12.04.2005 to 11.04.2006.

7. In view of the rival pleadings of the parties, the learned Tribunal framed the following issues :-

(i) Whether the claim petition as framed and filed maintainable?

(ii) Whether there is cause of action for filing the claim petition?

(iii) Whether the claimants are the legal representatives of the deceased?

(iv) Whether the deceased- Shamsher Ansari died on 15.10.2005 at 11:00 am being dashed by the rider of the motorcycle bearing registration no. JH-05G-6420 being rashly and negligently driven?

(v) Whether the motorcycle bearing registration no. JH-05G-6420 was insured with the opposite party no.2-insurance company on 15.10.2005 and whether the period of insurance was valid?

(vi) Whether the owner being M/s. Goel Roadways of the offending vehicle bearing registration no. JH-05G-6420 has violated any condition of the insurance policy?

(vii) Whether the claimants are entitled to any compensation under Section 166 of M.V. Act and if yes, then to how much amount and who is to pay the compensation?

(viii) Whether the claimants are entitled to any relief?

8. In support of their case, the claimants have examined two witnesses being the claimants themselves. Besides the oral testimonies, the claimants also proved the certified copy of the charge sheet filed against the driver of the offending vehicle namely Ashish Jha which has been marked Ext. P1 and certified copy of the FIR of the case has been marked Ext. P2. Both the claimants being the witnesses have stated about the accident taking place at 11:00 am on 15.10.2005 and the offending motorcycle being rashly and negligently driven dashed the deceased who succumbed to the injuries sustained in the said accident in course of his treatment at T.M.H. on the same day of the occurrence and he was earning Rs.5,000/- and was running the house. The examination-in-chief of both the claimants who were examined as A.W.1 and A.W.2 was filed in shape of affidavit. A.W.1 in her cross-examination has stated that she did not intimate the number of the vehicle to the Advocate and if the same has been mentioned in the affidavit, she has no knowledge about the same. She has not been put any question by t