BAWITA AND ORS. Vs. GURDIAL SINGH AND ORS.

JUDGEMENT

(1.) THIS is an appeal directed by claimants widow, two minor sons Deepak and Rahul and Shanti Devi widow of Sube Singh claiming compensation on account of death of Sube Singh in a motor vehicular accident.

(2.) THE case of the claimants is that on 6.6.1996 Raj Kumar was going on his scooter to village Bhodwal Majri. Madan Lal was the pillion rider on the scooter. When Raj Kumar reached near Chaudhary Rice Mill, G.T. Road, Patti Kalyana, a bus came from behind and struck on one side of the scooter. Raj Kumar lost balance of the scooter and the scooter struck with traula (truck) No. PB -08G -3832 which was standing on the metalled G.T. Road. It is pleaded that accident has taken place due to parking of traula in the middle of pacca G.T. Road. The claim petition has been filed against the driver, owner and insurance company of traula No. PB -08G -3832.

(3.) THE respondent No. 3 insurance company resisted the claim petition and, inter -alia, pleaded that claim petition was bad for non -joinder of necessary parties. The claim petition has not been filed against the driver, owner and insurance company of the bus which was involved in the accident. The petitioners have no locus -standi to file the present claim petition. The present claim petition is false, bogus and does not disclose any cause of action. The respondent No. 3 has not received any intimation regarding the accident and as such the factum of accident was denied.