SULPLA DEVI Vs. RAMESH KUMAR

JUDGEMENT

(1.) THE present appeal under section 173 of the Motor Vehicles act is directed against the award passed by the Motor Accidents Claims Tribunal (II) (Fast Track Court), Hamirpur in M. A. C. Petition Nos. 59 of 2003 and 20 of 2005 decided on 24. 9. 2005, whereby he has rejected the claim petition filed by the present appellants.

(2.) BRIEFLY stated the facts of the case are that one Prithi Singh was sitting in a rain shelter in village Kuthera on 22. 7. 2003. At about 12. 45 p. m. truck No. HP 11-0717 owned by Ramesh Kumar, driven by Sanjiv Kumar and insured with National Insurance Co. Ltd. dashed into the rain shelter which collapsed resulting in the death of prithi Singh and one another person. Some injuries were also caused to other persons sitting in the rain shelter.

(3.) TWO claim petitions were filed with regard to the death of Prithi Singh. One claim petition was filed by the present appellants, i. e. , Supla Devi and Meena Devi who are admittedly daughters of the deceased Prithi Singh. In this claim petition, sandlan Devi and Veena Devi two other daughters of the deceased were arrayed as pro forma respondents. One claim application was filed by Subhash Chand, son of munshi Ram who claimed to be the legal representative of the deceased Prithi Singh on the allegations that his mother Brahmi devi had married Prithi Singh when he was just a boy aged 6 years old. He also alleged that as per one Will executed by the deceased Prithi Singh he is the sole legal representative of the deceased.