HAR DEVI Vs. INDER PARKASH

JUDGEMENT

(1.) CHALLENGED in appeal here is the wholly untenable order of the Tribunal declining compensation to the claimants on the ground that the co-owner of the offending tractor had not been impleaded as a party. What is even more glaring is the absolving of the tractor-driver from liability despite the finding that he was wholly to blame for the accident.

(2.) RAJINDER Parshad, a young engineer, was killed while driving his scooter when the tractor HRD-6356 driven by Inder Parkash, respondent came on to the wrong side of the road and hit in it. This happened on February 1, 1978, at about 5. 15 p. m. near the sugar mill at Panipat. It was the finding of the Tribunal, which has not been questioned in appeal, that the accident had been caused entirely due to the rash and negligent driving of the tractor.

(3.) THE claimants here are the mother, widow and children of Rajinder Parshad. As has been mentioned earlier, no compensation was awarded to them for the reason that the co-owner of the tractor had not been impleaded as a party.