STATE OF HARYANA Vs. SUKHPAL

JUDGEMENT

(1.) The State of Haryana has filed the instant appeal under Section 110 D of the Motor Vehicles Act, 1939 challenging the award dated 13/11/1987 passed by the Motor Accident Claims Tribunal, Jind. One Sukhpal had suffered injuries and the original claim petition was filed by him. However, during the trial, Sukhpal died and his widow Smt. Kamla, mother Smt. Sarti and his seven children were impleaded as his legal representatives.

(2.) On 9.1.1987 Sukhpal boarded Bus No. HYA 7859 from his village Khanda in order to visit village Igarh. A truck bearing No. HRJ 1009 driven by one Raj Singh, respondent no.10, came from Jind side when the Bus bearing No. HYA 7859 had reached near the village Igrah. The offending truck was being driven in the middle of the road in a rash and negligent manner which collided with the driver side of the bus resulting into multiple injuries to deceased Sukhpal and some others. The case of the appellants is that the accident was caused on account of rash and negligent driving of Raj Singh , truck driver, respondent no.10.

(3.) The stand of the appellants is that the claim petition was time barred having been filed after a period of one year, two months and twelve days of the accident. It was further asserted that the Sub Divisional Engineer- appellant No.2 is a juristic person and no petition was competent against it. It was further asserted by respondent no.10 in a separate written statement that the accident was caused due to rash and negligent driving of the bus by its driver. The maintainability of the petition was disputed by setting up the plea that the driver of the bus was a necessary party and in his absence it could not be pursued. It was also the plea of the appellants that deceased Sukhpal had died his natural death and there was no connection with the injuries suffered by him in the accident.