IN THE HIGH COURT OF JUDICATURE AT PATNA M.A. No.90 of 2004 RAM SAKAL PATHAK son of Late Bhukhi Pathak, Resident of village- Gopalpur, P.S.-Dinara, District- Rohtas, at present village- Dinara, P.S.-Dinara, District- Rohtas ….Claimant/Appellant Versus 1. GANESH KUMAR son of Gopal Sah @ Gopal Prasad, 2. Nagesh Kumar son of Banshi Prasad Gupta …Owner of 407 Mini Truck No.BR-24G/ 3131 3. The Divisional Manager, United Indian Insurance Company Limited, Sasaram, P.O. + P.S. – Sasaram, District- Rohtas …Opposite Parties/Respondents ----------- 18/ 04.02.2011 Heard the parties. The appellant is aggrieved by the judgment and award dated 19.12.2003 passed by the 7th Additional District Judge-cum- Claims Tribunal, Rohtas at Sasaram, in M.V. Case No.34 of 1995, by which he has disallowed the claim of the appellant on the ground that he was not the legal heir to claim compensation for the death of his son since he was Class II heir. It is unfortunate that even though the death had taken place in the year 1994, this appeal is pending for such trivial technicalities. It is pointed out to this court that five witnesses were examined before the Tribunal out of whom one was the mother of the deceased i.e. Uma Devi. Therefore, to hold that the appellant was not pursuing the claim as legal representative of the deceased in absence of express authority of the Class I heir i.e. is most unfortunate. In view of such, the matter is remanded to the court below for concluding the proceedings hopefully within a period of 2 nine months. Since the Insurance Company has already appeared before this court and undertakes to be present even before the court below, no further notice is required to be sent to it. However, the Tribunal shall take stringent steps for attendance of the owner of the vehicle so that the present claim case can be disposed of within the time limit. In the result, this appeal is allowed and the judgment and award dated 19.12.2003 passed by the 7th Additional District Judge- cum-Claims Tribunal, Rohtas, at Sasaram in M.V. case No.34 of 1995 is hereby set aside. JA/- (Anjana Prakash,J.)