KRISHNA PRASAD CHATURVEDI Vs. KAMLA CHATURVEDI

JUDGEMENT

(1.) THIS appeal is filed by the claimants challenging the award dated 18.1.2002 passed by Fifth Additional Member Judge, Motor Accident Claims Tribunal, Gwalior in Claim Case No. 85/2000 whereby the Claims Tribunal has dismissed the claim application filed by the claimants who are father, mother, sons and daughter of deceased Laxmikant Chaturvedi.

(2.) BRIEF facts of the case are that deceased Laxmikant Chaturvedi was travelling in Truck No. MP 09 KA 9833 on 7.6.2000 which was owned by respondent No. 1 Shrimati Kamla Chaturvedi, who is also the wife of the deceased. The said truck was insured with respondent No. 2 Insurance Company. The truck was driven by Virendra Shrivstava, as a driver who is not joined as a party in the claim petition.

(3.) AFTER the death of the deceased, present appellants filed an application claiming compensation under section 163-A read with 166 of the Motor Vehicles Act. This claim petition is dismissed by the Claims Tribunal on the ground that the driver of the vehicle was not negligent while driving the vehicle. Claims Tribunal also found that FIR is not filed by the claimant in support of their allegations. No criminal case was registered against the driver. The claim petition suffers from non-joinder of necessary party. Deceased is the husband of the owner of the truck i.e. respondent No. 1 and the claim petition is filed in collusion with respondent No. 1. It is also held that claimants No. 4 and 5 were minor and natural guardian of the minors is not joined as a party, hence, the claim petition is not maintainable. Said award is under challenge in this appeal.