DHANPATI AND ORS. Vs. SUBHASH AND ORS.

JUDGEMENT

(1.) THE appellants have challenged the award of the learned Tribunal whereby their claim petition was dismissed by the learned Tribunal on the ground that the owner of the offending vehicle could not be served.

(2.) THE accident dated 1st November, 1995 resulted in the death of Chander Pal Singh. The deceased was survived by his widow, one son and two daughters who filed the claim petition before the learned Tribunal.

(3.) IN the facts and circumstances of this case, the appeal is allowed and the impugned award of the learned Tribunal is set aside. The case is remanded back to the learned Tribunal who shall conduct a fresh inquiry under Sections 168 and 169 of the Motor Vehicles Act after giving adequate opportunities to both the parties. The learned Tribunal may summon the owner through the local police while conducting such an inquiry.