MEHAR CHAND Vs. BALI DEVI

JUDGEMENT

(1.) The owner has filed the present appeal assailing the Award dated 1.6.2004 passed by the Motor Accidents Claims Tribunal, Kullu, H.P. in Cl. Pet. No. 61/02, titled as Bali Devi and Ors. v. Hem Bahadur and Ors.

(2.) THE present respondents No. 1 to 6, as claimants filed a petition under Section 166 of the Motor Vehicle Act, 1988 (hereinafter referred to as 'the Act') on the ground that their predecessor -in -interest, Shri Pari Chand died in a motor accident on 12.10.2002. Vehicle No. HP -34 -0572, owned by Shri Mehar Chand, appellant herein, being driven by Shri Hem Raj, respondent No. 8 herein, in a rash and negligent driving, met with an accident near Chhror nallah at Village Bishtbehar, Phati and Kothi Kais, Kullu, H.P. and its passenger Shri Pari Chand sustained injuries and died.

(3.) BASED on the pleadings of the parties, the Tribunal framed the following issues: 1. Whether the accident took place due to rash and negligent driving of jeep No. HP -34 -0572 by its driver -respondent No. 3 in which Pari Chand received injuries and thereafter succumbed to it, as alleged? ...OPP 2. If issue No. 1 is proved whether the petitioners are entitled to compensation? If so, to what amount and from whom? ...OPP 3. Whether the petition is bad for non -joinder of the necessary parties. If so, who are the necessary parties? ...OPR -1 4. Whether the petitioners are not L.Rs of deceased Pari Chand, as alleged? ...OPR -1