S.S. Saron, J. - (1.) HEARD counsel for the parties. The claimants/appellants filed a petition under Section 163 -A of the Motor Vehicles Act 1988 ("Act" - for short) as amended, seeking compensation for the death of Kulwant Singh who died while driving scooter No. MHQ 5590 which was owned by Sh. Ram Pal Singh (respondent No. 2).
(2.) KULWANT Singh (deceased) on the date of accident i.e. on 18.8.1995 at about 3.00 p.m. was going on his scooter No. HNQ 5590 from village Karam to Pehowa. At that time, some vehicle, which could not be ascertained caused the accident with the scooter. Due to multiple injuries suffered by Kulwant Singh, he died at the PGI, Chandigarh on 20.8.1995. Kulwant Singh (deceased) was 40 years old and used to work at M/s. Guru Nanak Workshop, Pehowa. He was earning Rs. 2200/ - per month. The claimants pleaded that they had spent Rs. 10,000/ - on his treatment. They prayed for compensation in view of Section 163 -A of the Act. The United India Insurance Company Limited, Kamal Road, Kaithal (respondent No. 1) with which the scooter was insured as third party inter alia pleaded that it was responsible only against third parry risks and Kulwant (deceased) did not come in the said category of insured. The owner of the scooter also took the same stand. On the pleadings of the parties, the following issues were framed: - - "1. Whether deceased Kulwant Singh died in a vehicular accident, as alleged? OPP 2. If issue No. 1 is proved, then to what amount of compensation, the petitioners are entitled to receive and from whom? OPP Relief." 3. The learned Motor Accident Claims Tribunal, Kurukshetra ('Tribunal - for short) after considering the provisions of Section 163 -A of the Act held that the claimants/appellants were not entitled for any compensation.
(3.) LEARNED counsel for the appellants has contended that claimants/appellants are entitled for compensation as Kulwant Singh died in a motor vehicle accident. Therefore, they are entitled for compensation on account of his death.;