GENERAL MANAGER Vs. TIRATH SINGH

JUDGEMENT

(1.) THIS appeal is directed against the award -dated 30.09.2000 passed by Motor Accident Claims Tribunal, Jammu (hereinafter referred to as Tribunal) in File No.24/claim (MACT, Kathua) read with 11/CP (MACT, Jammu) titled Tirath Singh Vs. Krishan Chand and others whereby an amount of Rs.3,03,316/ -, has been awarded in favour of respondent.

(2.) THE relevant facts for disposal of this case are that on 09.05.1993, respondent -Tirath Singh was driving truck bearing No. JK02 -3025 which met with an accident near Chhan Arorian on the National Highway with Bus No. JK02 -Y/0024. In the said accident Vishnu Gupta and Subh Gupta also received injuries who were travelling in the Bus No. JK02Y 0024. They filed claim petition before Motor Accident Claims Tribunal, Jammu, on 05.11.1993 by impleading Tirath Singh, driver, as party respondent and same was decided on 30.09.1996. In the said petition filed by Subh Gupta, learned Tribunal framed the following issues;

(3.) APPELLANT Tirath Singh as well as owner of the Truck were proceeded exparte and learned Tribunal allowed the claim petition filed by Subh Gupta.