MAYA DEVI Vs. HOOB RAJ

JUDGEMENT

(1.) HARI Ram, who used to carry on the business of repair of tyres, aged about 45 years, was coming on scooter No. HRE 1037 on June 21, 1979 at about 7. 15 a. m. from Naraingarh and after entering the Haryana Highway, was to go to Shahzadpur. After he had entered the Highway and was on the left side of the road, a half-body truck bearing No. HRA 2021 owned by Girdhari Lal and driven by Hoob Raj came from the opposite side. The truck ran over the scooterist and he was dragged for about 8/10 feet according to the statement of the driver of the truck and for about 30/40 feet according to the witness of the claimants. The truck stopped after hitting a tree. The widow and minor children of the deceased filed an application before the Motor Accidents Claims Tribunal and claimed damages of Rs. 40,000. The claim was limited to Rs. 40,000 in view of ad valorem court fee which would have been payable in case higher compensation had been claimed, which the widow and her children were not in a position to pay. Since the truck was insured with the New India Assurance Co. Ltd. , it was impleaded as respondent besides the driver and owner of the truck.

(2.) ON the consent of the parties, the following issues were framed.

(3.) WHETHER the claim petition is vague and incomplete, as alleged, and if so, to what effect ?