ORAL JUDGMENT

Date : 22-01-2026 Heard Mr. Durgesh Kumar Singh, learned counsel for the appellant duly assisted by Mr. Abhijeet Kumar Singh and Mr. Dhannjay Kumar No.2 for the claimant respondents.

2. The present appeal has been preferred for:

“being aggrieved by and dissatisfied with the judgment dated 07.11.2015 & award dated 26.11.2015 passed by the learned 12^th Additional District Judge cum Motor Vehicle Accident Claim Tribunal, Muzaffarpur in Claim Case No. 326/12 ‘Vijaya Kumar & Ors. vs.

Jyoti Devi & Another’.

3. The facts leading to the present appeal is/are as follows:

4. On 09.07.2012, the deceased, Kameshwar Mahto who was an Assistant Engineer with the Rural Works Department, Bihar, Patna, was going to Darbhanga on his motorcycle. As he reached near Taralahi, a Tractor bearing Registration No. BR-07-G-4161 in a rash and negligent manner hit the motorcycle from behind, Kameshwar Mahto sustained grievous injuries, taken to the Darbhanga Medical College, Darbhanga where he died in course of treatment on

09.07.2012.

5. The usual F.I.R./investigation/submission of charge-sheet followed the present Claim case no.329 of 2012 by the deceased’s family members including the wife and the