Dhrub Narayan Upadhyay, J. - (1.) Respondent Nos. 1 and 2 appeared by filing Vakalatnama. Respondent Nos. 3 and 4 are minor children of Respondent No. 1 and they shall be represented through their mother, natural guardian -Respondent No. 1. Respondent No. 5 did not appear even after valid service of notice and, therefore, the appeal shall proceed ex parte against Respondent No. 5.
(2.) This appeal has been preferred against the judgment and award dated 29th July, 2010 passed by learned Additional District Judge, Fast Track Court -cum -Motor Accident Claim Tribunal, Simdega in connection with M.A.C.C. Case No. 6 of 2007.
(3.) It is contended that the claimants themselves have filed an F.I.R. and charge -sheet, which have been marked as Exts. -2 and 2/1, and that indicate that driver of the offending Maruti. Car, bearing Registration No. OR -14 -2175, after causing dash to the deceased was fleeing away to save himself. He was driving the vehicle rashly and negligently and again the driver dashed a bridge and sustained injuries and died at the spot.;