SITA RAM Vs. REETA DEVI

JUDGEMENT

(1.) In the instant appeal order dtd. 13/8/2018 (for short "the impugned order") passed by the Motor Accident Claims Tribunal, Jammu (for short "the Tribunal") is thrown challenge to by the appellant herein.

(2.) Facts emanating from the record would reveal that two claim petitions filed, under and in terms of the provisions of Motor Vehicles Act, 1988 (for short "the Act of 1988") being claim petition No. 399/Claim and claim petition No. 400/Claim, before the Tribunal on 12/12/2009 by the predecessors-in-interest of the respondents 1 to 13 herein claiming therein compensation for the death of one Sh. Rattan Lal and Sh. Kuldeep Raj (both deceased) having occurred on 19/10/2009 while travelling in a tractor bearing registration No. JK02AJ-2206 within the jurisdiction of the Police Station, Akhnoor.

(3.) In the aforesaid claim petitions wherein the present appellant besides respondent 15 herein have had been impleaded as party respondent 1 being the owner of the tractor did not chose to appear or to contest the claim petitions and was set ex-parte whereas respondent 15 herein and respondent 3 in the claim petitions did contest the claim petitions and filed a written response thereto.