JUDGMENT :

PRADEEP KUMAR SRIVASTAVA, J.

Heard learned counsel for the parties.

2. The present miscellaneous appeal has been preferred on behalf of appellant-Sri Ram General Insurance Company Limited for setting aside the judgment/award dated 20.08.2018 passed by Sri Peeyush Kumar, District Judge-I-cum-PO M.A.C.T., Dhanbad in Motor Accident Claims Case No.284 of 2015 and for exonerating the appellant from payment of the award amount.

3. Upon service of notice to the respondent Nos.1 to 4, respondent Nos.1 to 3 appeared in this appeal by filing Vakalatnama. However, no one appeared on behalf of the respondent No.4 in spite of valid service of notice through his wife.

FACTUAL MATRIX

4. One Azad Hussain who was working in Sri Shyam Surgical, Dumka Road, Jamtara was going to Murli Pahari for supplying medicine and reached near Ghati Jungal, meanwhile, a pulsar motorcycle bearing Reg. No. JH-10AM-5570 was coming from opposite direction overloaded with three passengers violently dashed the motorcycle of Azad Hussain causing his instantaneous death. The legal heirs and representatives of the deceased instituted the FIR vide Narayanpur P.S. Case No.120 of 2015 for the offence under sections 279,