MISCELLANEOUS APPEAL No.779 OF 2009 *** Against the judgment dated 18.08.2009 and award dated 29.08.2009 passed by Sri Diwakar Mishra, 3rd Additional District Judge-cum-Motor Vehicle Accident Claim Tribunal, Saran at Chapra, in Claim Case No.27 of 2006. *** 1. MOST. SHAKUNTAL DEVI, widow of Late Lakshman Manjhi, 2. Sunita Kumari, Minor D/o Late Lakshman Manjhi, 3. Savita Kumari, Minor D/o Late Lakshman Manjhi, 4. Hare Ram Manjhi, Minor S/o Late Lakshman Manjhi, 5. Amarjeet Manjhi, Minor Late Lakshman Manjhi, Serial Nos. 2 to 5 are minor daughters and sons of Late Lakshman Manjhi, under the guardianship of their mother appellant no.1. All are resident of village- Jalal Basant, P.S. Garkha, District- Saran …Claimant No. 1 to 5/ Appellants Versus 1. SRI BHARAT RAI son of Jhagaru Rai, resident of village- Mura, P.S. Garkha, District- Saran (Owner of the Tempo) …opposite party no.1/Respondent 2. The Branch Manager, National Insurance Company Ltd. East of Municipal Chowk near Petrol Pump, P.O.- Chapra (H.O.) P.S. Chapra Town, District- Saran …opposite party no.2/Respondent *** For the appellant : Mr. Mukesh Kumar Singh, Advocate. For the respondent no.1: Mr. Madhav Pd. Rai, Advocate. For the respondent no.2: Mr. Ashok Priyadarshi, Advocate *** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH *** Anjana Prakash, J. The appellants have prayed for setting aside the judgment dated 18.08.2009 and award dated 29.08.2009 passed by the 3rd Additional District Judge-cum-Motor Vehicle Accident Claim Tribunal, Saran at Chapra, in Claim Case No.27 of 2006, by which the owner of the offending vehicle has been directed to pay compensation to the claimants. 2. Notices were issued to the respondent no.1, who happens to be the owner of the vehicle. Respondent no.1 has appeared and submits that in fact he 2 had not been given an opportunity to place his case before the Claim Tribunal and, therefore, one opportunity should be given to him. 3. In view of such, the matter is remanded to the Additional District Judge-cum-Motor Vehicle 3rd Accident Claim Tribunal, Saran at Chapra, after setting aside the impugned judgment and award with direction to pass afresh judgment and award within a period of three months from the date of receipt/production of a copy of this judgment after giving an opportunity of hearing to the respondent no. 1. 4. The respondent no.1 shall appear within one week on receipt of a copy of this judgment in the court below and if he tries to delay the proceeding, the Tribunal shall proceed in the manner as it deems fit and proper. 5. With the aforesaid observation/ direction, this Miscellaneous Appeal is disposed of. (Anjana Prakash, J.) Patna High Court, Patna. Dated the 7th December, 2010 NAFR/ JA/-