JUDGMENT :

This appeal under Section 173 of the Motor Vehicles Act is at the instance of the claimants, challenging the award dated 29th day of August, 2016 passed by the Principal District Judge, Gumla in M.A.C. Case No. 48 of 2010, whereby the claim application of the claimants was dismissed, holding that the claimants have failed to establish that the driver of the vehicle was driving the vehicle rashly and negligently.

2. On 20.05.2008, the informant along with his deceased father Ranjeet Nagesia and other villagers had gone to attend marriage ceremony and when they were returning home by a Savari Vehicle No. JH 07B 3393 while reaching near the Amberadih, P.S. Palkot, then due to rash and negligent driving, the offending vehicle dashed with a Mango tree and several passengers were injured. On the basis of the fardbeyan of Ajay Nagesia, a case under Sections 279, 337, 338, 304(A) of the Indian Penal Code was instituted against the driver of Savari Vehicle No. JH 07B 3393.

3. It is the case of the claimants that the deceased was aged about 50 years and was a cultivator, having a