- (1.) B. C. Kandpal, J. This appeal, under Section 173 of the Motor Vehicles Act, 1988, has been preferred against the judgment and award dated 17-10-2006. passed by M. A. C. T. /district Judge, U. S. Nagar, in MACP Case No. 18/ 2005.
(2.) BRIEF facts of the case as narrated in the claim petition are that deceased-Kripal Singh met with an accident on 6. 12. 2004 at about 6. 30 p. m. when he was coming from Moradabad towards his home by driving his Bollaro Jeep No. UA 06b/3474. When he reached near Koshi Bridge Village Mukandpur, a Tractor Trol ley No. UA 06c/7598 came in a rash and negligent manner and hit the deceased's vehicle from driver's side due to which the debased died at the spot. The deceased at the time of accident was 40 years of age and was earning Rs. 10,000/- per month by ploughing. The claimants thus claimed a sum of Rs. 15,00,000/- as com pensation against the opposite parties. The Opposite Party No. 1/ owner of the Tractor in question filed written state ment admitting therein the factum of ac cident, registration of offending vehicle in his name and insurance of vehicle with op posite party no. 2-National Insurance Co. Ltd. He took additional plea that driver and owner of Bullaro Jeep No. U. A. 06b- 3474 are necessary parties in the claim petition and said accident occurred on ac count of rash of driver of offending jeep and driver of tractor was plying the trac tor in a slow speed and tractor was insured with National Insurance Co. Ltd. at the time of accident and driver of tractor was holding valid and effective driving licence. Therefore, the insurance company, is liable to pay compensation, if any. The Opposite Party No. 2/national Insurance Company Ltd. also contested the petition by filing its written statement and alleged that the information of the accident was not given to the insurance company. It has pleaded that said acci dent occurred due to rash and negli gence of driver of offending Bullaro Jeep and information in this regard was given to S. P. Rampur by owner of tractor through regd. Post, in which he stated that driver of tractor-Jagdish was going to Kashipur by plying the tractor in his side, but accident was the result of joint negligence due to collision of Bullaro Jeep coming from front side and insurer of Bullaro Jeep was necessary party in the claim petition. It has also pleaded that tractor in question was being used for agricultural purpose and tractor trol ley was loaded with sand and trolley was not insured. It has further pleaded that amount of compensation as claimed is exorbitant and claim petition is liable to be dismissed on those grounds.
(3.) THE learned Tribunal on the ba sis of pleadings of parties framed follow ing issues in the claim petition : (i) Whether the accident occurred on 6. 12. 2004 at about 6. 30 p. m. near Village Mukundpur at Kashipur- Rudrapur road, near Kosi Pul, Bahad P. S. Swar, Dis trict Rampur, due to rash and negligence of driver of Bullaro Jeep No. U. A. 06b-3474 or due to rash and negligence of driver of Tractor No. UA. 06c-7598, in which Kripal Singh son of Preetam Singh died? If yes, its effect? (ii) Whether claim petition is bad for nonjoinder of insurer of Bullaro Jeep No. UA. 06b-3474? If yes, its effect? (iii) Whether claimants are entitled to get any amount of compen sation? If yes, then what amount and from whom? 7. Parties led evidence in support of their cases. THE learned Tribunal after having considered the entire material available on record and hearing learned counsel for the parties dismissed the claim petition vide judgment and award dated 17. 10. 2006. 8. Feeling aggrieved by the aforesaid impugned judgment and award, the ap pellants-claimants have preferred the ap peal before this Court. 9. Heard Sri S. K. Chaudhary, learned counsel for appellants, Sri D. K. Sharma, learned counsel for respondent no. 1, Sri B. K. Gupta, learned counsel for respondent no. 2 and perused the record. 10. I have gone through the im pugned judgment and award thoroughly. THE claimants stated in the claim peti tion that said accident occurred due to rash and negligence of driver of Tractor No. U. A. 06c- 7598, whereas opposite parties stated in their written statements that said accident occurred due to rash and negligence of driver of Bullaro Jeep No. U. A. 06b-3474. THE learned Tribu nal, on the evidence led by the parties, held that the said accident occurred on 6. 12. 2004 at 6. 30 p. m. due to rash and negligence of driver of Bullaro Jeep No. U. A. 06b-3474 at P. S. Swar, District Rampur, as PW-2 stated in his deposi tion that driver of Bullaro Jeep hit the tractor coming from his side from his jeep, whereas there was tractor before trolley and if the accident would have been occurred due to rash and negligent driving of driver of tractor then first jeep should be dashed with tractor instead of trolley. I do not find any illegality and infirmity in the finding recorded by the Tribunal in this regard. 11. As far as issue no. 2 with re gard to non-joinder of insurer of Bullaro Jeep No. U. A. 06b/3474 as party in the claim petition is concerned, the record reveals that PW-1 Preetam Singh stated in his deposition that Jeep was regis tered in the name of deceased-Kripal Singh and the said Jeep was not insured, therefore, in; 'ter of Jeep was not made party. THE Tribunal held that if there was no insurance of Bullaro Jeep then there was no ground of making the insurance company as party. Thus, the claim pe tition cannot be said to be bad for non joinder of insurance company as party. I do not find any illegality in this find ing recorded by the Tribunal. 12. As far as issue no. 3 with re gard to amount of compensation to be awarded in favour of claimants is con cerned, it is proved that said accident occurred due to rash and negligent driv ing of driver of Bullaro Jeep No. U. A. 06b-3474. THErefore, the Tribunal has rightly held that claimants are not entitled to get any compensation against the opposite parties. I do not find any infirmity or illegality in the finding re corded by the Tribunal in this regard. 13. For the reasons stated above, the appeal lacks merit and is liable to be dismissed. 14. Accordingly, the appeal is dis missed. THE impugned judgment and award dated 17. 10. 2006 is hereby con firmed. .;