AMARJEET CHAUDHARY, J. - (1.) THIS appeal is directed against the award of Motor Accidents Claims Tribunal, Gurgaon, dated 12. 11. 1982, which on a clam petition filed by Smt. Krishna widow of Ashwani Kumar and her minor children, had awarded a compensation of Rs. 51,840/-with 6% interest, on account of the death of Ashwani Kumar Kinra, who died in a vehicular accident on 15. 4. 1980. The Tribunal had fastened the liability to pay compensation on Dalip Singh (deceased) and Dinesh Kumar, respondents No. 1 and 2 in the claim petition. Dinesh Kumar was driving the offending vehicle No. RSM-2799.
(2.) IN this case, (he death of Ashwani Kumar has not been disputed. The only question which has cropped up for consideration is with regard to fastening of liability to pay compensation. The Tribunal, on the basis of the pleadings of the parties, had framed the following issues: 1. Whether the accident and resultant death of Ashwani Kumar were due to the rash and negligent driving of truck No. RSM-2799 by respondent No. 2, Dinesh Kumar? OP-Claimants. 2. To what amount of compensation, if any, are the claimants entitled and from whom? OP-Claimants. If the liability of respondent No. 1 is proved, is respondent No. 3 also liable? (OP-Claimants (Onus objected to.) The Tribunal had returned a categoric finding that the deceased had died as a result of negligent driving of truck No. RSM-2799 by Dinesh Kumar. 3. The challenge to the award is that no liability could be fastened in Dalip Singh, since deceased for the reason that Dalip Singh had died on 3. 9. 1982. According to Mr. Dogra, learned counsel for the appellants, no award against a dead person could be passed. Mr. Dogra further contends that Dalip Singh was attorney of Hardip Singh who is the owner of offending vehicle and the insurance policy was also in the name of said Hardip Singh. It was next contended that offending vehichle was insured with the New India Assurance Company and the driver of the vehicle was having a valid license which is proved on record.
(3.) I have considered the submissions of the learned counsel for the parties and perused the paper book. From the perusal of the paper book, it is observed that Dalip Singh was simply the attorney of Hardip Singh who was owner of the offending vehicle, who had got insured the vehicle with the New India Assurance Company Ltd. and the driver of the vehicle was holding a valid driving licence. There is no documentary evidence on record to suggest that ownership/registration of the offending vehicle was ever transferred in favour of Dalip Singh, The other important aspect of the matter is that Dalip Singh had died on 3. 9. 1982 and the award was given on 12. 11. 1982. It is well settled principle of law that no award/decree against a dead person could be passed.;