AJAY SONDHI Vs. BISHNU DEV

JUDGEMENT

(1.) The lawyers are abstaining from work.

(2.) Facts of case are that on 14.4.1997, present claimant Ajay Sondhi alongwith his sisters Meenu Sondhi and Neelima Sondhi, was going from Chandigarh to Amritsar in their car bearing No. CH-O1-Q 7389, being driven by Ajay Sondhi (claimant) while Meenu Sondhi and Neelima Sondhi were sitting on rear seat. When they reached near Railway Crossing, Kurali at about 6.50 AM, car was stopped at left side of road. In the meanwhile, a truck bearing No. HR 02 A 4744 came from behind and struck against car. As a result of which, occupants of car suffered serious injuries. Car was totally smashed. The accident took place due to rash and negligent driving of driver of truck (respondent No. 1). Truck is owned by respondent No. 2 company. The truck was insured with respondent No. 3 insurance company. Respondent No. 1 did not appear before Tribunal and proceeded against ex parte. Respondents No. 2 and 3 however contested claim petition.

(3.) In written statement, respondent No. 2 took preliminary objection that claim petition is bad on account of non joinder of necessary parties i.e. Matador No. MP-11-B-2972 which was also involved in accident. It was denied that accident took place due to rash and negligent driving by truck driver. Insurance company also denied liability.