NATIONAL INSURANCE COMPANY LIMITED Vs. RAJWATI AND ORS.

JUDGEMENT

(1.) THIS appeal has been filed by the National Insurance Company Limited against the award dated 26.9.1996 passed by the Motor Accident Claims Tribunal, Sonepat (in short "the Tribunal").

(2.) THE relevant facts necessary for adjudication of the present appeal as narrated therein may be noticed. Umed Singh, aged 35 years was employed by Babu Ram son of Nanak Chand for driving his truck No. DL -1G -8198. He was receiving Rs. 3000/ - per month as salary and Rs. 50/ - per month as diet money from his employer. On 20.3.1995, Umed Singh was going to Bayavar with the truck which was being driven at a moderate speed. Rattan Singh cleaner was also accompanying Umed Singh. At about 2.00 PM, when the truck being driven by Umed Singh was proceeding in the area of village Sadariya, another truck bearing No. RJZ -9531 being driven by Mumtaz in a rash and negligent manner came from the opposite direction and dashed into truck No. DL -1G -8198 resulting in severe injuries to Umed Singh who succumbed to the said injuries on way to the hospital. FIR No. 30 dated 20.3.1995 was registered at Police Station Adarsh Nagar, Ajmer. The claimants who are dependants of the deceased Umed Singh, filed the petition claiming compensation of Rs. 10 lacs. Two separate written statements were filed, one by the driver and owner of the offending vehicle and the other by the Insurance Company controverting the averments made in the claim petition. From the pleadings of the parties, the Tribunal framed the following issues: -

(3.) WHETHER the petition is bad for non -joinder of necessary parties? If so its effect? OPR