Letters Patent Appeal No.1048 OF 2001
Against the judgment dated 14.8.2001 passed by a learned
Single Judge in M.A.No.230 of 1996.
Meena Singh widow of late Mithilesh Prasad Singh, R/O
village & P.O & P.S. Vaishali, District-Vaishali at
present residing at Christian Quarter, Bettiah Town,
P.O. & P.S. Bettiah, District- West Champaran--
--- (Appellant)
Versus
The New India Insurance Company, Raipur Madhya Pradesh,
at present Branch Bettiah, District- Bettiah
-- (Respondent)
For the appellant : None
For the respondents : None
P R E S E N T
THE HON’BLE MR. JUSTICE CHANDRAMAULI KUMAR PRASAD
THE HON’BLE DR. JUSTICE RAVI RANJAN
Prasad &
Ranjan,JJ. This appeal arises out of an order dated 14th of
August, 2001 passed by a learned Single Judge in
M.A.No.230 of 1996.
An accident took place in the outskirt of Bettiah
town involving bullet motor cycle bearing Registration
No.BHE 3303 and truck bearing Registration No.M.P.23-
B/2177. In the said accident, two persons, namely,
Bhuneshwar Sing and Mithilesh Prasad Singh, who were
going by motor cycle, died. Wife of Bhuneshar Singh,
namely, Shakuntala Devi and that of Mithilesh Prasad
Singh, namely, Meena Singh, appellant herein, filed
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applications claiming compensation under the Motor
Vehicles Act, which were registered as Claim Case No.3
of 1993 and Claim Case No.4 of 1993 respectively. Ist
Additional District Judge-cum-Claims Tribunal, West
Champaran, Bettiah, by common award dated 23rd of March
1996, rejected their claims, inter alia, observing that
it has not been proved that accident took place due to
the negligence or fault on the part of the truck driver.
Aggrieved by the same, Shakuntala Devi preferred
MA.No.225 of 1996 and this Court, by order dated
11.12.1997, dismissed the appeal affirming the finding
that accident had not taken place due to the negligence
on the part of the driver of the truck.
Meena Singh, appellant herein, aggrieved by the
rejection of the claim, preferred M.A.No.230 of 1996
before this Court and the learned Single Judge by order
dated 14th of August, 2001, dismissed the appeal
affirming the finding of the Claims Tribunal observing
that the claimant has not been able to substantiate that
the accident took place on account of negligence of the
truck driver.
It is relevant here to state that Shakuntala Devi,
aggrieved by the judgment of the learned Single judge
passed in MA.No.225 of 1996, had preferred L.P.A.No.65
of 1998 and a Division Bench of this Court, by judgment
dated 19th of March, 2007, dismissed the appeal,
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affirming the finding of the Claims Tribunal and the
learned Single Judge that the accident had not occurred
by reason of contributory negligence on the part of the
truck driver.
Nobody appears on behalf of the appellant or for
that matter the respondent.
A Division Bench of this Court in L.P.A.No.65 of
1998 (Smt. Shakuntala Devi Vs. Ekbal Singh & ors) has
held that accident had not occurred by reason of
contributory negligence on the part of the trick driver.
This appeal arises out of the same accident and in view
of the finding recorded by the Division Bench in
relation to the same accident that there was no
negligence on the part of the truck driver, the order
passed by the learned Single Judge does not call for any
interference in this appeal
Accordingly, this appeal is dismissed.
(Chandramauli Kr.Prasad)
(Dr. Ravi Ranjan)
Patna High Court,
Dated,4th of Dec.2008.
AFR/ahk/