SADIQ Vs. JANGSHER SINGH

JUDGEMENT

(1.) AT the request of the counsel, FAO is taken on Board.

(2.) COUNSEL head on merits.

(3.) APPELLANTS who are the parents, filed claim petition for claiming compensation on account of death of their son, Sat Pal, who died as a result of an accident caused due to negligence of the driver. On filing of the petition, notice was issued to the respondents. Respondents No. 1 and 2 alone resisted the claim made by the appellants. Respondent No. 1 apart from taking objection with regard to the delay in filing the petition, also stated that the accident took place due to negligence of the deceased who dashed his motor-cycle against the car. The Insurance Company in its separate written statement not only stated that the car was being driven by Jangsher Singh without a valid driving licence, but also stated that the claim petition was time barred. On the pleadings of the parties, the following issues were framed:1. Whether the accident in question and the resultant death of Sat Pal took place due to rash or negligent driving of car No. HYE-270 driven by respondent No. 1 as alleged ? OPP. 2. Whether the claimants are the only legal representatives of the deceased ? OPP. 3. To what amount of compensation the claimants are entitled to and from whom? OPP. 4. Whether the petition is bad for non-joinder of necessary parties ? OPR.