TEJVIR Vs. BIMLA AND ORS

JUDGEMENT

(1.) A claim petition preferred by respondent Nos. l to 9 (hereinafter referred to as claimants) to obtain compensation in respect of the death of Ramesh Chand (husband of respondent-claimant Bimla, father of respondent-Claimants Sushma, Kusham, Poonam, Saroj, Arti and Kushal and son of Respondent-claimants Ram Chander and Mst. Chandra) was allowed by the learned Tribunal vide order dated 10.11.2005 and a compensation of Rs. 6,17,472/- was awarded. The appellant (who is driver of the offending vehicle) was held liable to pay the amount of compensation.

(2.) The driver has filed the present FAO to impugn the validity of the impugned award.

(3.) Mr. S.N. Yadav, learned Counsel for the appellant, argues that the impugned award is unsustainable for the simple reason that the registered owner of the offending vehicle was not impleaded at the trial and no steps were taken to impleaded the insurer either at the trial. It is also the plea on behalf of the appellant that the vehicle driven by the appellant was not involved in the impugned accident which (impugned accident) had been caused by another vehicle which had overtaken the vehicle driven by the appellant and brought to an abrupt stop.