S IN THE HIGH COURT OF JUDICATURE AT PATNA

MA No.438 of 2004

RAMAN PRASAD & ORS

Versus

UMESH PRASAD PATEL & ORS

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5

11.7.2008

Appellant Raman Prasad and five others have filed this appeal

for setting aside the Judgment dated 13.7.2004 and Award signed on 23.7.2004

passed by Sri M.Sahoo, Additional District Judge-V, Patna-Motor Accident

Claim Tribunal in Claim Case No.64/2001.

Heard learned counsel for the claimants-appellants and Sri

Durgesh Kumar Singh, learned counsel for United India Insurance Com pany

Limited.

Claimant-appellant no.1 Raman Prasad is father of the deceased

Barun Kumar, who at the time of his death was 19 years old and was working

as an employee of M/S. Raj Construction at Mahatma Gandhi Setu, Patna. He

was engaged in toll collection since 10.7.2000 and was getting Rs.2000/- per

month by way of his monthly salary.

On 30.9.2000 at about 5.45 P.M. a truck bearing Registration

No.BR-06G-9009 belonging to one Pushpanjali Gas Service driven by its

drive