SHYAMA BAI VERMA Vs. UMESH KUMAR

JUDGEMENT

(1.) This appeal is against the order dated 26.7.2001 passed in Claim Case No. 2 of 1999 by the Motor Accidents Claims Tribunal, Bilaspur, Link Court, Pendra Road whereby the application for interim award under section 140 of the Motor Vehicles Act has been rejected on the ground that truck driver/owner have not been impleaded as party respondent.

(2.) Briefly stated, the facts are that on 14.6.1998 the husband of appellant No. 1, namely, Suresh Verma along with his relatives was travelling in a jeep bearing No. MP 26 E 0781 belonging to the respondent No. 1 and insured by respondent No. 3. The said vehicle met with an accident on the way near village Keonchi on account of head-on collision with an unidentified truck coming from the opposite direction. The jeep was badly damaged and Suresh Verma received serious head injuries and ultimately succumbed to the injuries on 19.6.1996. The offending truck fled from the spot.

(3.) Learned counsel for the appellants submits that the accident had occurred and the person had lost his life. It is submitted that the report was not written as the jeep driver has lodged the report. It is not in dispute that the person was in the jeep and for having tea and tiffin, the vehicle was parked where sufficient space was available and it will be subject-matter of evidence. The claim has been denied on the ground that the jeep driver is not responsible and the owner/driver of another truck because of which the accident occurred was not made as party. It is stated that the offending truck had run away.