- (1.) This first appeal from order is preferred against the award dated 20.3.1991 passed by VIII A.D.J./Motor Accident Claim Tribunal, Saharanpur in Motor Accident Claim petition No. 81 of 1989. The brief facts giving rise to this 'appeal are that: The appellant-claimant, hereinafter, called 'the appellant' filed a claim petition for grant of compensation against the opposite party-respondent, hereinafter called the respondent for death of Kushal Pal Singh in an accident.
(2.) As per the claim petition on 20th January, 1989 at about 8.30 p.m. when the deceased, Kushal Pal Singh was going from Ghantaghar to his residence on hi vickey situate at church road and when he reached near Dehradun lane one bus bearing No. U.G.A.9015 which was driven rashly and negligently by respondent No. 2 dashed the deceased Kushal Pal Singh and due to that accident the deceased suffered grievous injuries causing his death. F.I.R. was lodged by one Jagdish Chandra and criminal case was registered against driver of the offending bus. At the time of the accident the deceased was an employee in the bank and was receiving Rs. 4,300/- as salary and he was of 43 years of age. The claim of Rs. 10,50,000/- was claimed in the petition.
(3.) Opposite party respondent No. 1 filed his written statement and stated that the owner and the insurance company of the vickey involved in the accident have not been impleaded by the petitioner who were necessary parties, further the accident has not been caused by the driver of the bus who was driving his bus very slowly and very carefully and infact when driver reached the place of accident the deceased who was driving the vickey tried to overtake the bus from the left side and due to some confusion himself dashed against the bus and deceased came beneath left side back tyre and died on the spot.;