NAVITA SINGH, J. - (1.) THESE appeals have been filed against the award dated 31.7.1995, vide which four petitions relating to the same accident were decided by Motor Accident Claims Tribunal (for short the Tribunal), Sonepat. Since there is one award for all four petitions, all the above appeals are also being disposed of by this single judgment. In MACT No.90 of 1991, the claimants were Bisso Devi and others and the claim was presented on account of death of Rattan Singh in the said accident. In the other three petitions, i.e. MACT Nos.87, 88 and 89 of 1991, compensation was claimed by Ashok Kumar, Raj Kumar and Anil Kumar respectively for injuries sustained by them in that very accident.
(2.) THE facts, put briefly, are that on 22.1.1991, a head -on collision took place between Bus No.HYU -6691 belonging to Haryana Roadways and Truck No.HRD -6715 belonging to one Om Parkash, on G.T. Road in the area of Village Pipli Khera. The drivers of both the vehicles died. Anil Kumar, Ashok Kumar and Raj Kumar received injuries. All the three injured persons were travelling in the bus for going from Delhi to Samalkha. The bus was being driven by Rattan Singh. The truck, which was being driven in a rash and negligent manner by Harbans Lal, came towards the wrong side of the road and rammed into the bus. All the injured persons were taken to Civil Hospital, Sonepat. However, Rattan Singh, driver of the bus, succumbed to his injuries on the way. A case was registered by the police on the statement of Chaman Lal, conductor of the bus. All the injured persons were referred to Delhi from Civil Hospital, Sonepat. Om Parkash, owner of the truck, denied that the accident took place on account of rash and negligent driving by deceased Harbans Lal and also disclosed that the truck was insured with the present appellant. The National Insurance Company, i.e. the appellant, admitted that the truck was insured with it, but pleaded that the deceased driver was not driving the truck under a valid driving licence at the time of accident. The other respondents, i.e. State of Haryana and General Manager of Haryana Roadways, Faridabad, pleaded jointly that the bus was also insured with the same Insurance Company.
(3.) THE following consolidated issues were framed by the Tribunal: - 1. Whether the accident in dispute was the result of rash and negligent driving on the part of Harbans Singh alias Harbans Lal driver of truck bearing registration No.HRD -6715 or Rattan Singh driver of bus bearing registration No.HYU -6691 on 22.1.1991 in the area of village Pipli Khera which caused the death of Rattan Singh bus driver, injuries to Anil Kumar, Raj Kumar and Ashok Kumar? OPP 2. Whether the petitioner/petitioners is/are entitled for compensation and if so to what amount and from whom? OPP 3. Whether Harbans Lal driver of truck or Rattan Singh driver of bus were not holding a valid and effective driving licence on the date of accident, if so to what effect? OPD 4. Whether truck No.HRD -6715 was not being plied under a valid insurance policy? OPR 5. What is the effect of the fact that Harbans Lal driver of the truck was dead on the date of filing the claim petition? OPR 6. Relief. ;