- (1.) HEARD Sri N.N. Verma learned counsel holding brief of Sri V.K. Singh learned counsel for the appellant and Sri Krishna Kant learned counsel holding brief of Sri Govind Saran learned counsel for the respondent nos. 1, 2 and 4. Affidavits have been exchanged between the parties.
(2.) THIS is a First Appeal From Order under Section 173 of the Motor Vehicle Act against the award dated 28.02.1996 passed in Claim Petition No. 418 of 1993 (Mewa Lal Vs Loco Foreman Steam Shed, C. Rly. Jhansi and others) by the Motor Vehicles Accident Tribunal/IV Additional District Judge, Jhansi whereby the claimant appellant has been awarded compensation for no fault liability under Section 140 of the Motor Vehicle Act.
(3.) LEARNED counsel for the appellant has submitted that Issue no. 1 was as to whether the accident occurred due to negligent and rash driving of the respondent no. 3 truck driver and Issue no. 2 was whether the accident occurred due to rash and negligent driving of the Two Seater Tempo. He submits that both these issues were decided jointly and the only reason given for deciding the issue against the claimant appellant was that the driver of the Two Seater Tempo and the owner of the Two Seater Tempo were neither made party in the claim petition nor they were produced in evidence so as to bring out the actual facts regarding the accident. He states that on this surmise the Tribunal has decided Issue nos. 1 and 2 against the claimant appellant without taking into account the fact that the co -passenger Santosh Kumar and the driver of the truck Kanhaiya Lal were both examined and had given their statement before the Tribunal. According to him the impugned decision on Issue nos. 1 and 2 are not based on any evidence but on conjectures and surmises. Learned counsel for the respondent nos. 1, 2 and 4 has submitted that when the owner of the Two Seater Tempo was not party the claim petition ought to have been dismissed. He also submits that there was no negligence of the driver of the truck namely Chuniya Ram Jatav and it was in fact due to negligent driving of Kanhaiya Lal the driver of the Two Seater Tempo who has overloaded the same with many passengers which led to collusion with the truck.;