JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. This appeal is directed against a judgment and order dated 18th January, 2007 passed by a Division Bench of the High Court of Jharkhand at Ranchi whereby and whereunder an appeal preferred by the appellant herein under Section 173 of the Motor Vehicles Act, 1988 (for short ‘the Act’) from a judgment and award dated 26th March, 2004 passed by the District Judge-cum-Motor Vehicle Accident Claim Tribunal at Seraikella was dismissed.

3. The admitted fact of the mater is as under :-

First respondent was owner of a motor cycle. He got the said vehicle insured with the appellant company; the policy being valid for the period 9.9.1999 and 8.9.2000. On 8th September, 2000 Tasu Mukhi, son of the insured, while driving the motor cycle met with an accident and died. The accident allegedly took place as a stray dog came in front of the vehicle. A First Information Report was also lodged. Respondents herein filed a claim petition. Amongst them, first respondent, who is the owner of the insured vehicle, was the applicant.

4. Appellant herein raised a specific contention that keeping in view the relationship between the deceased and the owner of t