RAJ BALA Vs. BIJENDER

JUDGEMENT

(1.) This is an appeal preferred by Raj Bala and others, hereinafter described as 'the appellants' directed against the award of the Motor Accidents Claims Tribunal, Rohtak, dated 14.1.2000. By virtue of the impugned award, learned Claims Tribunal awarded a compensation of Rs. 50,000 under the head 'no fault liability' to be paid by respondents Bijender, Sanjay Singh and Dharam Pal jointly and severally, along with interest at the rate of 12 per cent per annum from the date of filing of the petition till realisation.

(2.) The relevant facts are that Raj Bala and others had filed a petition under section 166 of the Motor Vehicles Act, 1988. It was alleged that on 28.9.1998 Virender Kumar s/o Baldev Singh was travelling in a jeep bearing registration No. HR 12-P 0148 from Bahadurgarh to Rohtak. The said jeep was being driven by Bijender. When the vehicle reached about 6-7 km. from Bahadurgarh towards Rohtak, Bijender started driving the jeep at a fast speed. Another jeep was noticed coming from Rohtak side. Bijender dashed his jeep against the jeep coming from the opposite direction as a result of which Virender Kumar suffered injuries. He was removed to the hospital at Rohtak where he succumbed to his injuries. The claimants were the widow and minor children of the deceased. They claimed a compensation of Rs. 8,00,000. The deceased was working as an Accountant with the Modern Food Industries (India) Limited.

(3.) In the written statement that has been filed by respondent Nos. 1 to 3, it was asserted that the accident had not taken place as has been pleaded. However, it was admitted tha-t the deceased was travelling in the jeep owned by respondent Nos. 1 to 3 from Bahadurgarh to Rohtak. When the jeep reached 6-7 km. from Bahadurgarh , another jeep came from Rohtak side being driven in a rash and negligent manner. It struck against the jeep being driven by respondent No. 1 and caused the alleged accident. It was asserted that the appellants have intentionally not impleaded the owner and the insurance company of that vehicle.