- (1.) Leave granted.
(2.) Challenge in this appeal is to the order passed by a Division Bench of the Punjab and Haryana High Court at Chandigarh. By the impugned order the High Court dismissed the appeal, so far as related to the respondent No. 1-Mam Chand and issued notice only to the driver cum owner i.e. respondent No. 2.
(3.) Background facts in a nutshell are as follows: Respondent No.1 (hereinafter referred to as the 'claimant') filed a claim petition in terms of Section 166 of the Motor Vehicles Act, 1988 (in short the 'Act') claiming compensation for alleged injuries caused to him by the offending vehicle on 31.10.2001. The allegation was that the respondent No. 2- Mohinder Pal i.e. the driver and owner of the offending vehicle, a motor cycle No. HR01C-1531 was driving the same in rash and negligent manner. The same dashed against the scooter which the claimant was riding causing multiple injuries. Adjudicating the claim petition the Motor Accident Claims Tribunal, Jagadhari (hereinafter referred to as the 'Tribunal') held that claimant respondent No. 1 was entitled to compensation of Rs.60, 000/- with interest at the rate of 9% from the date of filing of the claim petition till realization and cost of the petition. The appellant was held to be liable to pay the compensation amount. Tribunal rejected the plea of the appellant that the offending vehicle was not the subject matter of insurance on the date of accident. The fixation of liability on the appellant was challenged by it by filing the appeal before the High Court. By the impugned order, the High Court held that even if a vehicle was not insured at the relevant time that was a dispute between the appellant and the respondent no. 2 and there was no need for issuing notice to respondent No. 1.;