MAINA Vs. NIRANJAN SINGH

JUDGEMENT

(1.) This appeal has been filed by the claimants under Section 110-D of the Motor Vehicles Act, 1939 challenging the award of the Motor Accident Claims Tribunal, Bikaner dated 6th June, 1970.

(2.) On 2nd June, 1966 one Ram Kumar was looking after his truck on the road between Gajner and Bikaner at a distance of about 5 miles from Nail. A truck bearing No. R. J. K. 3528 driven by Niranjan Singh driver came from Bikaner side and dashed against Ram Kumar who was standing on the road. As a result of that accident Ram Kumar sustained serious head injuries. He was immediately removed to the hospital but his life could not be saved. Ram Kumar's wife Smt. Maina, his minor son Babu, minor daughter Panchu and mother Smt. Chandra filed a claim before the Motor Accident Claims Tribunal, Bikaner for Rs. 10,000/- as damages for the death of Ram Kumar. In their application driver Niranjan Singh, owner of the truck Mohan Lal and the General Assurance Society Ltd. were made parties.

(3.) Mohan Lal came out with a plea that he had sold this truck which was registered in his name to one Karnail Singh son of Niranjan Singh on 15-11963, and Karnail Singh further sold the vehicle to another Karnail Singh son of Jag Singh resident of Padampur on 5-6-1963. He therefore, pleaded that without impleading the aforesaid two Karnail Singh, the claim petition could not be decided by the Tribunal.