MUKHTIAR SINGH Vs. VINAY SINGH

JUDGEMENT

(1.) This order shall decide the above mentioned appeals as the same arise out of the consolidated award.

(2.) Briefly stated facts of the case are that on account of Pawan, Desh Raj and Mukhtiar Singh suffering injuries in a motor vehicular accident, which took place on 15/3/2007, in the area of Police Station Sector-10, Gurgaon, statedly on account of rash/negligent driving of Maruti Car bearing registration No.HR-26-X- 7890 by respondent No.1-Vinay Singh, all the three of them brought separate claim petitions under Sec. 166 of the Motor Vehicles Act, 1988 impleading Vinay Singh-driver, Yaudhbir Yadav-owner and National Insurance Company Ltd, Gurgaon-insurer of Maruti Car in question as respondents.

(3.) On notice, all the three respondents appeared. Respondent Nos. 1 and 2 filed a joint written statement, denying the assertion in the claim petitions, whereas, respondent No.3 had filed separate written statement, taking various legal objections to wit, respondent No.1 was not holding a valid and effective driving licence; that claimants did not have locus standi to file the claim petitions. On merits, contents of claim petitions were contested. All the three respondents had prayed for dismissal of the claim petitions.