B.N. Sapru, J. - (1.) ROOP Singh Bhadoria is the Appellant in the case. His son, Pappu, aged about 4 -5 years along with his brother was crossing the road near the school of village Sarai Jalal at about 12 -30 p.m. on 4.6.1974. At that time he died as a result of the motor accident which involved truck No. RSQ 5374.
(2.) IMMEDIATELY after the accident a first information report was lodged in which it was stated that the truck was being driven in a rash and negligent manner by the driver thereof and as a result of the rash and negligent driving, the child had been killed in the accident. Roop Singh Bhadoria filed his claim under the Motor Vehicles Act claiming Rs. 35,000/ - as compensation. The claim was subsequently reduced to Rs. 7,000/ -. The Claims Tribunal has recorded a positive finding that Pappu aged about 4 -5 years died as a result of the accident which involved truck No. RSQ 5374 which was being driven in a rash and negligent manner. It took note of the fact that the driver of the vehicle had not been produced. The Tribunal rightly relied upon the testimony of P.W. 2, Girish Chand, who deposed about the rashness and negligence on the part of the driver. This witness was named in the first information report as an eye -witness. The Tribunal while holding the driver of the truck negligent, rejected the claim petition on two counts. They are: (1) that the Appellant in his statement had claimed damages but not specified in his testimony under what head or heads he is claiming damages; and (2) that the mother of the deceased child had not been joined in the petition either as a claimant or had been impleaded as a Respondent.
(3.) AGGRIEVED by the order of the Claims Tribunal, the Appellant has come up in appeal.;