ADARSH KUMAR GOEL, J. - (1.) THIS appeal has been filed by the Insurance Company against the award of the Tribunal awarding a sum of Rs. 3 lakh to the claimants on account of death of Nand Kishore by rash and negligent driving.
(2.) CASE of the claimants is that during night intervening 17/18.8.2001, the deceased was going from Rajpura towards Banur on his motor-cycle and at about 11.00 p.m. when he reached the area of Ram Nagar on Rajpura-Chandigarh Road, he was hit by Tata Sumo, driven rashly and negligently by Ram Kesar driver. The deceased received multiple simple and grievous injuries and died on the spot. He was aged 3 8 years and was working as partner in commission against shop apart from working as accountant in the said shop. He was earning Rs. 5,000 per month. The claim was contested by the Insurance Company as well as by the driver and the owner.
(3.) FOLLOWING issues were framed: 1. Whether death of Nand Kishore has taken place in a motor accident with Tata Sumo No. HR-01L-3835 due to rash and negligent driving of Tata Sumo by respondent No. 1? --OPA 2. Whether the claimants are entitled to any compensation. If so to what extent? --OPA 3. Whether driver of Tata Sumo No. HR-01L-3835 was not holding a valid driving licence at the time of accident? --OPR 4. Whether the petition is not maintainable? --OPR 5. Whether the petition is bad for misjoinder for necessary parties? --OPR 6.Relief. ;