BHANI CHAND Vs. LAL CHAND

JUDGEMENT

(1.) Aggrieved by the award dated 18.7.2006 passed in Claim Petition registered as MAC No. 4/05/03 by Motor Accident Claims Tribunal, Fast Tract Court, Chamba, the appellant (hereinafter referred to as respondent No. 1) has preferred the present appeal for quashing the same. The controversy, needs redressal in the present appeal lies in narrow compass as it has only to be determined that the findings returned by the learned Motor Accident Claims Tribunal on issue No. 5 are legally and factually sustainable or not. The ill fated truck bearing registration No. HP-45-0633 belongs to appellant-respondent No. 1. FIR (Ext. PW-2/A) reveals that the said respondent is a contractor and respondent No. 1 (hereinafter referred to as the appellant) along with other was working as Labourer with him. This document further reveals that the ill fated truck on 14.10.2001 was on its way from Killar to Ajog. It was being driven by its driver Dharam Singh. Around 6.30 A.M. when reached at a place namely Chhau Mor and was being reversed by its driver, rolled down from the road and as a result thereof, the appellant and other labourers namely Roop Lal, Lal Chand, Devi Singh, Kishan, Suresh Kumar, Bhan Singh, Roop chand, Lomi Ram, Devi Lal, Bhajan Singh etc. received injuries on their person. The accident was reported by Sh. Lomi Ram one of the occupants to the police of Police Station Pangi, Distt. Chamba. Consequently FIR (Ext. PW-2/A) was registered.

(2.) In the claim petition, the petitioner has claimed himself to be labourer/agriculturist by occupation. According to him, on the fateful day he was travelling in the ill fated truck.

(3.) In reply the insurer-respondent No. 2 has raised preliminary objections that the petition is bad for non-joinder of necessary parties, the person driving the vehicle was not holding driving licence, the vehicle involved in the accident was being plied in contravention of the conditions of the insurance policy and the deceased was travelling as a gratuitous passenger. On merits, the case of the petitioner as set out in the claim petition has been denied for want of knowledge.