MEENA Vs. KANWARJIT SINGH

JUDGEMENT

(1.) THE instant appeal is directed against the judgment/award dated 12-10-1984 rendered by the Motor Accident Claims Tribunal, Karnal (hereinafter referred to as the Tribunal') vide which it granted compensation in the sum of rs. 51,500 infavourof the appellant-claimants.

(2.) ON 2-3-1984 at about 7. 00 a. m. Rangu ram, predecessor-in-interest of the appellant-claimants employed as Chowkidar/peon in haryana State Minor Irrigation Tubewell corporation at Karnal was coming on his cycle from village Mohindinpur to Karnal and when reached just a head of Village Nagla Farm towards Karnal, a truck bearing No. HYK-4557, being driven in a rash or negligent manner by Dhanpat @ Dhami came from backside and hit him. Panju Ram was going ahead of Rangu Ram on a separate cycle. The cycle which Rangu Ram was riding, was run over by the aforesaid truck, as a result whereof, he sustained multiple serious injuries, and died at the spot. Meena-appellant No. 1 is the minor daughter of Rangu Ram, Yashpal and kaka are the minor sons of Rangu Ram, whereas, Raj Kumari-appellant No. 4 is the widow of said Rangu Ram. They all were dependent upon Rangu Ram, for their livelihood. Ultimately, a petition under section 110-A of the Motor Vehicles act, 1939, was filed by the appellant-claimants, claiming compensation inthesumof Rs. 1 lac.

(3.) KANWALJIT Singh, owner of the truck and dhanpat @ Dhammi driver of the truck, respondent Nos. 1 and 2 respectively, in their joint written statement, pleaded that the claimants had no locus standi to file and maintain the petition, as according to them, the same had not been filed by an authorised and proper person. It was further pleaded that the petition was bad for mis-joinder of parties and non-joinder of necessary parties. It was further pleaded that the petition had not been properly stamped. The accident was admitted. However, it was stated that the same took place, on account of the fault of Rangu Ram deceased. The claimed amount was stated to be highly excessive. The remaining averments, were denied being wrong.