CHAND KAUR Vs. MOHINDER SINGH

JUDGEMENT

(1.) THIS is an appeal preferred by Smt. Chand Kaur and others, hereinafter described as "the appellants" directed against the award of the Motor Accident Claims Tribunal, Ambala, dated 26.11.1985. By virtue of the impugned award, the learned Tribunal had dismissed the claim petition filed by the appellants.

(2.) THE relevant facts are that the appellants claimed compensation alleging that deceased Sukhdev Singh was earning Rs. 1600/- per month. He was working as a driver and motor mechanic. He died as a result of rash and negligent driving of Mohinder Singh. The petition has been contested. The driver and owner of the vehicle (respondents No. 1 and 2 respectively) had filed a joint reply. It was denied that the death of Sukhdev Singh took place on account of rash and negligent driving of respondent No. 1 Mohinder Singh. On the contrary, it was asserted that the deceased himself was responsible for his death. On similar lines was the reply of the Insurance Company (New India Assurance Company Limited). It also took the plea that Mohinder Singh driver was not holding a valid driving licence.

(3.) THE sole argument advanced was that the findings on the record establishes that the accident took place because of rash and negligent driving of respondent No. 1. It was not in controversy that if the finding on this issue is against the 'appellants, they are not entitled to the compensation.