R.L.ANAND, J. - (1.) SHRI Mukhtiar Singh son of Shri Inder Singh. who is the registered owner of Truck No. HR-07-5325, has filed the present FAO No. 1773 of 1998 and it has been directed against the award dated 1.4.1998 passed by the Motor Accidents Claims Tribunal, Kurukshetra, who awarded the compensation to the tune of Rs. 2,49,600/- to the claimants Smt. Kailash Devi, Ravi Kumar, Vikash and Smt. Seoti.
(2.) THE brief facts of the case are that Smt. Kailasho Devi, Ravi Kumar, Vikash and Ms. Seoti, filed a claim petition under Section 166 of the Motor Accidents Claims Tribunal against Shri Om Parkash, Mukhtiar Singh, Pritam Singh Guleria, i.e. driver, registered owner and Superdar and also against the New India Assurance Company and Shri Bhupinder Singh driver-cum-owner of vehicle tractor trolley make Ford 3600 Engine No. NAC 172274, chasis No. 170375 and they claimed compensation to the extent of Rs. 3,50,000/- on account of the death of Shri Krishan Lal who died in a vehicular accident on 18.9.1995 and they further claimed a sum of Rs. 1,000/- by way of damages for the cycle on which the deceased was going. Brief facts of the case are that on 18.9.1995 deceased Krishan Lal along with his brother Raj Kumar was coming to his village Mohri from Ambala on cycles. When they reached in the area of village Mohri, a tractor/trolley Make-Ford 13600, referred to above, came there. It was being driven by Shri Bhupinder Singh respondent No. 5. The tractor-trolley came from behind. Krishan Lal was ahead of his brother Raj Kumar. In the meantime, Shri Om Parkash respondent No. 1 came from the side of Shahbad. He was driving the truck bearing No. HR-07-5325 and as per the allegations he was driving this truck in a rash and negligent manner. He did not blow the horn. He violated the traffic rules. He dashed the truck against the tractor trolley and dragged it as a result of which the deceased who was on the bicycle was also struck with the tractor trolley. The deceased was also dragged into the pits and in this manner he met with an accident. After causing the accident, respondent No. 1 Shri Om Parkash ran away from the spot. According to the claimants, this accident was caused due to the rash and negligent driving of respondent No. 1. It was also pleaded by the claimants that if the Tribunal comes to the conclusion that both the drivers were negligent, then the claimants are entitled to compensation from all the respondents jointly and severally.
(3.) NOTICE of the claim petition was given to the respondents. Respondent No. 1 filed the written statement and took a preliminary objection that the claimants have no locus standi to file the claim petition: that the claim petition is bad for mis-joinder and non-joinder of necessary parties that the claimants are not entitled to any compensation from the answering respondent as the accident in question took place due to the rash and negligent driving of the driver of tractor-trolley Shri Bhupinder Singh. It was also asserted by this respondent that he did not caused the accident. He has been falsely implicated in conclusion with the driver of the tractor-trolley.;