Kuldip Singh, J. - (1.) BY this single judgment, I will dispose of FAO No. 926 of 1997, filed by M/s. D.P. Freight Carriers (P) Ltd. and X -Objection No. 12 -CII of 2004, filed by claimant -respondent No. 4.
(2.) THE facts of the case are that on 1.1.1995, Phul Kanwar and Anoop Singh were coming from village Mehlana on their respective bicycles. When they reached near Panchayat Bhawan on Court Road, deceased was ahead of Anoop Singh and was going to his workshop. On the crossing of the Court Road, deceased gave a signal towards his right hand to take turn. However, a canter No. HR -38 -7645 came from Sonepat side and going towards Gohana. It was driven by Hira Lal in rash and negligent manner and hit the cycle of Phul Kanwar (deceased). Phul Kanwar fell down and received grievous injuries and ultimately died. It is stated that deceased was doing the work of welding and also selling milk. He was earning Rs. 3,500/ - per month. Claimants are widow, minor children and mother of the deceased. The petition was contested by the respondents. Both the parties led evidence before the Motor Accident Claims Tribunal, Sonepat (in short 'the Tribunal'). After hearing both the parties, the Tribunal came to the conclusion that accident took place due to rash and negligent driving of the canter. It came to the conclusion that licence of respondent No. 1 -Hira Lal is fake. The Tribunal also calculated the income of deceased Phul Kanwar at Rs. 1,500/ - per month and applied the multiplier of 16 and granted compensation of Rs. 2,30,400/ - with 12% per annum interest. It was ordered to be paid by respondents No. 1 and 2 i.e. driver and owner of the offending canter respectively.
(3.) AGGRIEVED by the said Award, respondent No. 2 -owner of the offending canter has come up in appeal, challenging the finding of the Tribunal, whereby liability was fixed upon it on account of the fact that the licence of the driver of its canter was fake.;