GYANI RAM Vs. MAHENDRA KUMAR & ORS

JUDGEMENT

(1.) Appellant-non-petitioner has preferred this appeal against the impugned judgment/award dated 19.04.2012 passed by learned Motor Accidents Claims Tribunal, Hanumangarh in Motor Accident Claim Case No.1/2007 titled as Mahendra Kumar & Ors. Vs. Ram Pratap and others whereby learned Tribunal allowed the claim petition preferred by the respondents-claimants and awarded Rs.3,95,068/- in favour of respondents-claimants against the appellant and respondent No.5-non-claimant jointly and severally.

(2.) The brief facts of the case are that the respondentsclaimants Mahendra Kumar & Ors. preferred the Motor Accident Claims Petition against the appellant and respondent No.5 stating therein that on 03.09.2006 Smt. Sharda Devi was going with her daughter namely Mst. Vimlesh and son named Raman and some neighbours to Gogamedi. At around 1:30 to 2:00 p.m. they were going from Gorkh Teelka to Gogamedi on the proper side of the road and at that time jeep bearing registration No. H.N.N. 0091 being driven by Ram Pratap (respondent No.5) hit the deceased resulting into grievous injuries on her person and she succumed to the injuries. It was alleged in the claim petition that the jeep was being driven rashly and negligently by its driver.

(3.) The appellant was implicated in the claim petition as nonpetitioner being registered owner of the offending jeep. Respondent No.5 non-claimant did not choose to contest the claim petition.