KASHMIRI DEVI Vs. VIKRAM SINGH

JUDGEMENT

(1.) THIS appeal is directed against the award dated 07.02.1995, rendered by the Motor Accident Claims Tribunal, Faridabad, vide which it granted compensation of Rs. 25,000/- with interest, in favour of the claimants, only under the 'No Fault Liability Clause', which was applicable, in an un-amended form, at the relevant time.

(2.) THE facts, in brief, are that on the night intervening 5/6.8.1992, Mohan Lal (now deceased) along with Jagdish, pillion rider, was riding a scooter, and was coming from the side of Faridabad to his village Pawta, and when he reached near Asha Farm, he was hit by a truck bearing registration No. HYG- 1590, which was being driven rashly and negligently by respondent No. 1-driver-cum-owner thereof, from the front side. Mohan Lal sustained fatal injuries, in the said accident, and succumbed to the same. The matter was reported to Police Station, Defence Colony, New Delhi. The police of Police Station Sadar, Ballabgarh, was also informed, but no action was taken. It was further stated that the deceased was aged about 42 years, and retired as a Subedar. He was working as a Supplier of building material, in his own truck. His monthly income was about Rs. 5000/-. The claimants, being the widow, minor sons and minor daughter respectively of the deceased, filed a claim petition, claiming compensation.

(3.) RESPONDENT No. 2, the Insurance Company of the truck, in its written statement, pleaded that no cause of action arose to the claimants to file the petition. It was further pleaded that the claim petition was bad for non- joinder of necessary parties. It was stated that the driver of the truck was not having a valid driving licence. It was denied that the accident took place, on account of the rash or negligent driving of the truck, by respondent No. 1. It was also denied that the deceased sustained fatal injuries, in the said accident.