- (1.) The present appeal has been directed against the award dated 30.04.2009 passed by the Motor Accident Claims Tribunal, Panipat (for brevity, 'the Tribunal') whereby the application filed by the claimants/appellants under Sections 166/140 of the Motor Vehicles Act, 1988 for grant of compensation in regard to death of Ragubir Singh in a motor vehicular accident on 22.02.2008 has been dismissed, in view of its findings on issue No. 1.
(2.) As per the case set up by the claimants, on 22.02.2008 at about 6.030 pm, Ragubir Singh (since deceased) was coming from Sector 29 via byepass on motor cycle (CD Dawn) bearing registration No. HR-06-P-6748 and claimant - Satish was following him on another motor cycle. When Ragubir Singh reached near Saraswati Photo Studio, Sector 25, all of a sudden, Tractor bearing registration No. HR-05-M-4923 attached with the trolley came from wrong side at a high speed rashly and negligently, struck against the motor cycle of Ragubir Singh and as a result, Ragubir Singh fell down on the road, his head was crushed under tyre of the Tractor and he died on the spot.
(3.) Respondents No. 1 to 3 filed joint written statement, inter alia, raising objections with regard to maintainability of the petition, mis-joinder and non-joinder of necessary parties. All other material averments of the application have been denied with a prayer for dismissal of the same. Respondent No. 4-Insurance Company filed its separate reply denying its liability to pay compensation with the plea that respondent No. 1-Prem Singh was not holding a valid licence at the time of alleged accident.;