Rajesh Kumar, J. - (1.) Heard learned counsel for the appellants and learned counsel for the respondents-claimants as well as the respondent- owner of the offending vehicle.
(2.) The present appeal has been filed against the Award dated 04.07.2013 passed in Compensation Case No. 38 of 2008.
(3.) Claimants are sons of the deceased. Mother has died during pendency of the claim application. It has been stated in claim application that Kudrai Samanta was going by his Rajdoot motorcycle bearing registration No. BRX-5840 with one Jiwan Tiu and his wife as pillion rider and when his motorcycle was in very slow speed near the school at village Tangrani, a Bolero Car bearing registration No.JH-05N-6311 from Seraikela side in uncontrollable speed, which was being driven rashly and negligently, dashed the motorcycle of Kudrai Samanta, which was on the left side of the road, from the front side and dragged the motorcycle to some distance. In this occurrence, Jiwan Tiu got serious injuries and Kudrai Samanta died on the spot and the driver of the Bolero Car fled away from the spot leaving the Bolero. The injured and the deceased were brought to Seraikela Hospital. On the basis of fardbeyan of Raimuni Tiu, who was also a pillion rider of motorcycle, a case being Seraikela P.S. Case No.50/2006 dated 26.06.2006 has been lodged against the driver of the Bolero Car. Post mortem of deceased was done at Sadar Hospital, Seraikela. In fardbeyan, it has been stated that while they were going by motorcycle, the Bolero Car dashed their motorcycle from the front side, which resulted in death of Kudrai Samanta.;