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2024 Supreme(Jhk) 145

PRADEEP KUMAR SRIVASTAVA
Sushma Sinha, W/o Late Lalit Prasad – Appellant
Versus
Divisional Manager, The New India Assurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Nikhil Ranjan, Advocate
For the Respondent:Mr. D.C. Ghosh, Advocate.

JUDGMENT :

PRADEEP KUMAR SRIVASTAVA, J.

1. Heard learned counsel for the parties.

2. Present miscellaneous appeal is directed against the judgment/award dated 03.08.2017 passed by Sri Vishwa Nath Shukla, learned Presiding Officer, Motor Vehicles Accident Claims Tribunal, Ranchi in Motor Accident Claim Case No. 154 of 2011, whereby and whereunder the learned Tribunal has dismissed the claim case of the appellants.

Factual matrix

3. Factual matrix of the case giving rise to this appeal is that one Lalit Prasad boarded on tempo on 10.07.2006 bearing registration No. JH-01K-7297 and reached near the bridge near Pandra Bazar Samittee, meanwhile, an unknown truck being driven very rashly and negligently dashed against the said tempo, due to which the said Lalit Prasad sustained fatal injuries and declared dead at Ratu Hospital.

4. In connection with the said accident, F.I.R. was lodged vide Kotwali (Sukhdeo Nagar) P.S. Case No. 440 of 2016 dated 11.07.2006 against the driver of unknown truck for the offences under Sections 279, 337 & 304A of the I.P.C. Autopsy of the dead body was conducte

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