Surya Kant, J. - (1.) This appeal is directed against the order dated October 12, 1993 passed by the Motor Accident Claims Tribunal, Patiala (for short the Tribunal), whereby the appellants' claim petition for the grant of compensation on account of death of their father in a motor vehicle accident, has been dismissed holding that the "occurrence was an act of God having taken place per chance all of a sudden".
(2.) On September 30, 1983, Pawan Kumar Sharma, aged about 36 years and working as an Assistant in the Punjab Roadways Transport Corporation (for short PRTC) Head Office at Patiala, was travelling in an Ambassador Car No. PUC-193 owned by the PRTC along with Iqbal Singh - Planning Manager of the PRTC. The car was being driven by one Gurdev Singh. Pawan Kumar Sharma and Iqbal Singh had gone to Chandigarh to attend some official meeting and while returning to Patiala when the car was approaching the Ghanda-Kheri bridge of Bhakra canal on Rajpura-Patiala Road, the driver lost control and the car fell into the canal, as a result of which its driver Gurdev Singh as well as Pawan Kumar Sharma died whereas Iqbal Singh was saved by the persons present at the spot by throwing turbans in the canal. The dead body of Pawan Kumar Sharma was recovered from the canal near Jhansa bridge in District Kurukshetra on October 5, 1983. Alleging that the occurrence had taken place due to carelessness and negligent driving of the car driver and the car itself was defective, two sons of the deceased (i.e. the appellants), out of whom one was a minor at the relevant time, filed the petition claiming compensation of Rs. 5 lacs.
(3.) The claim petition was resisted by PRTC which took a preliminary objection that the same was hopelessly time barred; was filed in collusion with respondents No. 3 and 4. It was denied that the accident had occurred due to carelessness or negligent driving of the car driver or that the vehicle had any mechanical defect. It was further pleaded that the "cause of accident was not known".;