- (1.) The owner and driver have preferred the present appeal against the Award dated 11.1.1996 passed by the learned Motor Accident Claims Tribunal, Faridabad, (for short, 'the Tribunal'). The brief facts of the case are that the claimantrespondent No.1 filed a claim petition for the injuries suffered by him in the motor-vehicular accident that occurred on 08.3.1993.
(2.) The accident occurred at about 10.00 pm near Ambedkar Chowk, Ballabgarh while the claimant-respondent No.1 was going to his residence in Brahmanwara from Chawla Colony, Ballabgarh on his motorcycle bearing registration No.HR-29A/4839. He was hit by a four-wheeler bearing registration No.HR-29B-2611.
(3.) The claim petition was contested. The appellants filed written statement and denied the accident and an alternate plea was taken that if any such accident took place, the same was caused due to the rash and negligent driving of the claimant himself. On the pleadings of the parties, the following issues were framed:- 1. Whether injuries to petitioner Naresh Kumar Aggarwal were occasioned on 8.3.1993 at a place specified in vehicular accident due to rash and negligent driving of four wheeler No.HR29B/2611 driven by respondent No.1 owned by respondent No.2 and insured with respondent No.3, as alleged, OPP. 2. To what amount of compensation, if any, the petitioner is entitled to and from whom, OPP. 3. Whether the petitioner has no cause of action to file the present petition OPR. 4. Whether the petitioner has no locus standi to file the present petition, OPR. 5. Whether petition is not maintainable in the present form OPR 6. Whether the respondent No.1 was not holding a valid driving licence at the time of occurrence as alleged OPR-3 7. Relief.;