- (1.) M. Katju, J. This appeal had been filed against the impugned order dated 20-5-1995 passed by the Motor Accidents Claim Tribunal, Jhansi by which the claimant has been granted compensation of Rs. 1,84,000 as interest.
(2.) HEARD learned counsel for the parties. The facts of the case are that on 30-1-1992 deceased Gajraj Singh was a pillion rider on a Bajaj Moped which was being driven by one Vinod Kumar Richhariya at about 11. 30 a. m. , and met an accident at Jhansi-Kanpur Road. The Moped collided with a Tractor due to which Gajraj Singh died on 28-2-1992 and Vinod Kumar suffered injuries. The claim petition was filed before the Tribunal claiming compensation of Rs. 14 lacs. The owner of the Tractor was impleaded as O. P. No. 1 the driver Bhagirath as O. P. No. 2, and the appellant Oriental Insurance Company as O. P. No. 3. Neither the owner nor driver of the vehicle appeared before the Tribunal and only the appellant appeared. The Tribunal framed four issues which are as follows: (i) Whether Gajraj Singh died due to the rash and negligent driving of Tractor No. URY 3819 by O. P. No. 2? (ii) Whether the O. P. No. 2 possessed a valid driving licence of the alleged vehicle at the time of the alleged accident? (iii) Whether the O. P. No. 3 is under an obligation to indemnify the O. P. No. 1? (iv) Relief to which the claimants are entitled?
(3.) ALL the issues were decided in favour of the claimants who were widow, children and parents of the deceased. The finding of the Tribunal on issue No. 2 was that the O. P. No. 2 had no valid driving licence. In fact both O. P. No. 1 and O. P. No. 2 never appeared before the Tribunal and they did not file any written statement, and the proceedings were held ex parte against them. The Insurance Company did not apply for summoning O. P. Nos. 1 and 2 nor prayed for summoning of the driving licence.;