IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.544 of 2008 1. SUKHDEO SINGH, SON OF LATE RAM DAYAL SINGH 2. AVINASH KUMAR, SON OF LATE NARESH SINGH BOTH RESIDENT OF VILLAGE – DUMBARI, P.S. BARAHIYA, DISTT. LAKHISARAI. ------ APPELLANTS. Versus 1. RANJAN SINGH, SON OF KISHORI SINGH, RESIDENT OF VILLAGE MOSADPUR, P.S. BARAUNI, DISTT. BEGUSARAI (OWNER OF TANKER LORRY BEARING NO. BRF-1515). 2. GANESH RAJAK, SON OF RAMESH RAJAK @ RAMESHWAR RAJAK, RESIDENT OF VILLAGE MOSADPUR, P.S. BARAUNI, DISTT. BEGUSARAI (DRIVER OF THE TANKER LORRY BEARING NO. BRF-1515). 3. THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LTD. BRANCH OFFICE-RAJBATI, BARI BAZAR, P.S. KOTWALI, P.O. AND DISTRICT MUNGER. 4. THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LTD. BRANCH OFFICE BEGUSARAI, DISTT. BEGUSARAI. 5. THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LTD. DIVISIONAL OFFICE, R.R.B.S. KACHHARI CHOWK, BHAGALPUR. ------ RESPONDENTS. ----------- 7. 09.12.2010 Heard the parties. Limitation for filing the present Appeal is hereby condoned and the matter will be heard on merits. This Miscellaneous Appeal is directed against the order dated 3.6.2008 passed in Motor Accident Claim Case No. 30 of 1998 by Additional District Judge, F.T.C. 1st, Lakhisarai, by which he has rejected the claim of the Appellants. On going through the judgment impugned, I agree with the Appellants that the present judgment was passed totally mechanically, without any application of mind. In view of such, the matter is remanded to Motor Vehicles Claim Tribunal, Lakhisarai, where the appellants and 2 the respondents who have entered appearance before this Court shall appear within a period of two months from the date of receipt of this order. The judgment dated 3.6.2008 passed by Additional District Judge, F.T.C. 1st, Lakhisarai, in Motor Accident Claim Case No. 30 of 1998 is hereby set aside and the Motor Accident Claims Tribunal is directed to pass a fresh order on going through the records, within a period of six months from today. With these observations, this application is disposed of. In case, the respondents fail to enter appearance before the court below, the court below will be at liberty not to give them any indulgence in the matter and proceed in passing an order in accordance with law. S.Ali ( Anjana Prakash, J.)