ANJU Vs. DELHI PANIPAT GOLDEN TRANSPORT CO.

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 14.1.2002 passed by Motor Accident Claims Tribunal, Bikaner ('the Tribunal'), whereby the application for compensation filed by the appellants for death of one Babu Khan has been rejected.

(2.) The facts in brief may be noticed thus : deceased Babu Khan aged about 28 years was traveling in a mini-bus from Loonkaransar to Sardarshahar when, it is alleged that a truck from the opposite direction, which was being driven rashly and negligently by its driver collided with the bus, resulting in injuries to several passengers in the bus and death of Babu Khan, passenger in the mini-bus. The driver of the truck also died on account of the said accident. It was claimed that the deceased was involved in agriculture operations and used to earn Rs.50,000/- per year and claimed compensation to the tune of Rs.19,50,000/-. The application was filed only against the owner of the truck and its Insurance Company.

(3.) A reply to the application was filed by the respondent No.1, owner of the truck and it was alleged that the accident occurred on account of rash and negligent driving by the driver of the bus and, owner and driver of the bus were necessary parties, as they have not been impleaded as parties to the application, the application was liable to be dismissed. However, it was submitted that in case any compensation is to be paid, the same is required to be paid by the Insurance Company.