- (1.) This order will dispose of FAO No. 2344 of 2010 titled "United India Insurance Company Limited vs. Jaswinder Kaur and others" and FAO No. 2640 of 2010 titled "Jaswinder Kaur and others vs. Barati Lal and others" as these have emerged out of common award dated 13.10.2009 passed by the Motor Accident Claims Tribunal, Fatehgarh Sahib (in short "the Tribunal").
(2.) The facts relevant for disposal of the present appeals are that Jaswinder Kaur and others, legal representatives of deceased Tarsem Singh filed an application under Section 166 of the Motor Vehicles Act, 1988 (in short "the Act") for grant of compensation in regard to death of Tarsem Singh on 18.10.2004, in a motor vehicular accident due to rash and negligent driving of truck bearing No. HNG-4501 driven by Subhash Chander at the time of occurrence. Respondent Nos. 1 and 2 therein did not contest the application as they were proceeded against ex parte.
(3.) The insurance company filed the written statement seriously contesting claim of the applicants and its liability to pay compensation. It raised certain objections that driver of the offending truck was not holding a valid and effective driving licence at the time of accident nor the offending truck had valid registration certificate. The maintainability of the application was challenged for non-joinder of necessary parties i.e.owner, driver and the insurance company of the harvester combine bearing No. PB- 31-C-3854.;