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 2 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, 3 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/