UNITED INDIA INSURANCE COMPANY Vs. JARNAIL SINGH

JUDGEMENT

(1.) This appeal is directed against award dated 18.9.2001 passed by Motor Accident Claims Tribunal, Patiala (for short, 'the Tribunal') in M.A.C.T. case No. 43 of 1999.

(2.) The facts necessary for deciding the appeal are that Smt. Manjit Kaur, who was travelling in jeep No. HR-29J-0038 along with her family was killed when a bus belonging to Punjab Road Transport Corporation struck against the jeep. The dependents of Smt. Manjit Kaur, i.e. the respondents filed petition under Section 163-A of the Motor Vehicles Act, 1988 for award of compensation amounting to Rs. 30 lacs by alleging that the accident had been caused due to rash and negligent driving of the jeep and the bus. They averred that the deceased was about 30 years of age at the time of accident and was earning Rs. 5,000/- per month by running a milk dairy in the village.

(3.) In their written statement, the driver and owner of the jeep challenged the maintainability of the petition on the ground of non-joinder of necessary parties. On merits, they denied the allegation of rash and negligent driving of the jeep and averred that the accident had been caused because the bus driver had taken the vehicle on wrong side of the road and struck against the jeep. They also disputed the assertion of the claimants about the age and income of the deceased.