SANGEETA MAGHAN Vs. CHANDER PAL

JUDGEMENT

(1.) This appeal by the claimant / appellants is directed against the award dated 8.9.2007, passed by the learned Motor Accident Claims Tribunal, Jind (hereinafter referred to as "the Tribunal"), Jind.

(2.) The claimants filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act"), on the pleadings that on 20.1.2005, deceased Ajay Pal Maghan had started at 9.00 A.M. from Jind to go to Chandigarh along with Sh. Birender Kumar Garg son of Baldev Krishan r/o village Derabasi and Sh. Deepak Mittal s/o Sh. Lalit Kumar, r/o H. No. 347, Sector 35-A, Chandigarh. Deceased Ajay Pal Maghan was driving the Wagon-R car No. HR-31C-3014, whereas Sh. Birender Kumar and Sh. Deepak Mittal were following him in Accent car No. CH-03K-00551. When they reached near Rana Polycot Factory at village Alamgir, a truck No. HR-55-4218 driven rashly and negligently in high speed by respondent No.1 Chander Pal, came from opposite side and struck the Car No. HR-31-C-3014, which resulted into multiple injuries on the body of Ajay Pal Maghan. Ajay Pal Maghan succumbed to his injuries. The truck driver after alighting from truck ran away from the spot after leaving the truck at the spot. The accident was seen by Birender Kumar and Deepak Mittal, who were following the car of Ajay Pal Maghan. Ajay Pal Maghan was taken to Civil Hospital, Derabassi by them, where he was declared brought dead. FIR was also registered against respondent No.1. It was claimed, that the accident had occurred due to rash and negligent driving of the truck driver.

(3.) Respondents No.1 & 2 were proceeded against ex parte. The other respondents filed separate written statement. Respondent No.3 & 5 took a stand, that the claimants had no cause of action to file the present petition and further, that they had not come to the Court with clean hands. The claim petition was said to be bad for mis-joinder and non-joinder of necessary parties.