IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.439 of 2004 RUBIA DEVI, wife of Late Ramadhani Yadav @ Ramadhin Yadav, Resident of village- Kutubchak, P.S.-Govindpur, District-Nawadah …Claimant/Appellant Versus 1. NARESH CHANDRA SINGH son of Ramchandra Singh, Resident of village- Budhwara, P.S. Govindpur, District- Nawada, the owner of Tractor No. BR-27-1182 and its Trailor No. BR-27-1183 2. Manoj Kumar, son of Biru Prasad, resident of 33 Pathak Para Road, P.S. Behla, Calcutta-60, the driver of said Tractor No. BR-27-1182 3. The Branch Manager, National Insurance Company, Rajendra Nagar, Nawada. 4. Bachchi Devi, wife of Late Govind Yadav, Resident of village- Kutubchak, P.S.-Govindpur, District- Nawada …Opposite Parties/Respondents ----------- 9/ 03.03.2011 No one appears on behalf of the appellant. However counsel for the respondent no. 3 is present. The appellant is aggrieved with the judgment dated 28.07.2004 passed by the 3rd Additional District Judge-cum- Chairman, Claims Tribunal, Nawadah, in M.V. Claim Case no.24 of 2003/21 of 2001, by which he has refused to grant compensation to the appellant for the death of her husband. The main reason for refusing the same is that the deceased being a Khalasi was not covered by section 147(1)(b) of the Motor Vehicles Act. It has rightly been contended by the respondent no.3 that principle of law has not been followed in the present case since the deceased despite being a Khalasai is entitled for compensation and the only question that could be determined is as to who has to compensate the deceased’s family and if the claimant was not to be compensated by the Insurance Company, then the owner is liable to 2 pay compensation. In view of such, judgment dated 28.07.2004 passed by the 3rd Additional District Judge-cum-Chairman, Claims Tribunal, Nawadah, in M.V. Claim Case no.24 of 2003/21 of 2001 is hereby set aside and the matter is remanded to the court below for fresh adjudication of the matter. The Tribunal shall notice the appellant and the respondents and conclude the proceeding within a period of nine months from the date of receipt/production of a copy of this order. The appeal is, accordingly, disposed of. JA/- (Anjana Prakash,J.)