ANITA CHAUDHRY, J. - (1.) TWO claim petitions were filed on 20.02.1998 relating to an accident which occurred on 01.07.1987. Both the claimants pleaded that they were minor at the time of the accident and had filed the petition after attaining majority. Both the petitions were dismissed, but some amount was allowed under the no fault liability by the Motor Accident Claims Tribunal, Hisar (hereinafter referred to as the Tribunal) vide award dated 25.09.2000. Aggrieved by the award, this appeal has been filed by the claimants.
(2.) THE claimants had pleaded that respondent no.1 was posted and on 01.07.1987 was driving jeep bearing as Inspector CID, Hisar registration no.HRX -4454 from Hansi to Hisar. The jeep was carrying some passengers. At about 11:00 PM, they had reached the octroi post near Civil Hospital, Hansi when respondent no.1 hit a stationary truck bearing registration no. PUU -9289. As a result of the collision, Sadhu and Sunder Lal Constables and Sukhbir who were travelling in the jeep suffered injuries. The occurrence was witnessed by Subhash who owns a hotel nearby. The case set up by the claimants was that Subhash Chander shifted the injured to the Civil Hospital. However, Sukhbir and Sadhu succumbed to the injuries. The claimants' plea was that the FIR No.88 was registered at Police Station Hansi giving a coloured version and thereafter, untraced report was managed but the accident had occurred on account of negligence of respondent no.1. On these broad facts, two claim petitions were filed, one seeking compensation for the death of Sukhbir Singh and the other for the death of Sadhu, who were stated to be agriculturists. The claim was lodged by the legal heirs who became major near to the date of filing of the petitions. The remaining legal heirs were arrayed as proforma respondents.
(3.) THE claim petitions were contested by the respondents. The manner of accident was denied. It was pleaded that the accident had occurred on account of rash and negligent driving of a truck whose details could not be traced and untraced report was submitted by the police. Giving their account, it was pleaded that a truck was parked near the Octroi Post which suddenly started and had tried to overtake another parked truck bearing registration no.PUU -9289. Respondent no.1 tried to avoid the accident but the accident occurred on account of rash and negligent driving of the truck driver, resulting in the death of two persons and injuries to constable Sunder Singh. It was pleaded that untraced report had been submitted in the Court which was accepted. The contention of the appellant(s) was that the Tribunal had;