S. B. Sinha, J. - (1.) Leave granted.
(2.) Khairati Lal (deceased) and the appellants herein were residents of a village known as Khamano Mandi. On or about 11.03.1998, at 8 a.m., they were proceeding to another village on a scooter. Kanwar Ram and Ramesh Kumar were following them on another scooter. One Trala (a goods carrier) struck the scooter of Khairati Lal near a village known as Pahar Kalan. The said vehicle was being driven by Shri Nidhan Singh. As a result of the said accident, the appellants herein as also Khairati Lal fell down on the road. Whereas Khairati Lal and the appellant Sheela Rani, wife of the deceased suffered head injuries, left leg of the appellant Budhwanti was crushed under the wheels of the vehicle. They were taken to the A.P. Jain Hospital, Patiala for treatment. Khairati Lal succumbed to his injuries in the hospital.
(3.) Contending that the said accident had taken place owing to rash and negligent driving of Nidhan Singh, three claim applications were filed before the Motor Accident Claim Tribunal, Patiala. One of the contentions raised by the respondent No. 3 - Insurance Company was that neither Khairati Lal nor respondent No. 1 Nidhan Singh was holding any valid driving licence.;