- (1.) This appeal is directed against an order dated 18.3.1998 passed by the Motor Accident Claims Tribunal, Fatehgarh Sahib (for short, the Tribunal ) vide which the claim petition filed by the appellants under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of death of Gurpreet Singh @ Bhola, in a motor accident has been dismissed.
(2.) The appellant-claimants, in the claim petition, have submitted that on 16.4.1995 Rajvinder Singh son of Ram Singh, resident of Village Gaddiarm, Police Station Nabha, District Patiala, was engaged as a cleaner on truck bearing registration No. PB.11.B-2095 while deceased Gurpreet Singh @ Bhola was driver of the truck. They both after loading coal from Jharia proceeded towards Ludhiana and when they reached at some distance from Bus Adda, Ambala Cantt. near the crossing, then a tanker was seen coming from the opposite direction, i.e. Ambala side bearing registration No. PCI-4805. The said tanker was being driven rashly and negligently at very fast speed and after coming on the wrong side, it struck against their truck, as a result of which Gurpreet Singh @ Bhola deceased was entangled between the two vehicles and he was extracted by the people collected at the spot. Gurpreet Singh succumbed to his injuries. It was also claimed that the driver of the offending vehicle, after abandoning the tanker at the spot, ran away and later on the name of the tanker driver was found to be Kulbir Singh. It was also claimed that the accident had occurred entirely due to rash and negligent driving of the tanker driver, i.e. respondent No. 1. Report about the said accident was lodged with the Police Station, Ambala Cantt. as a result of which F.I.R. No. 144 dated 17.4.1995 was registered at Police Station, Ambala Cantt. The post-mortem examination of the dead body was conducted at the General Hospital, Ambala Cantt. The claimants claimed a compensation to the tune of Rs. 7,00,000 (Rupees seven lakh only) along with interest at the rate of 18 per cent from the date of accident till its actual realisation. The driver and owner were duly served. However, they did not choose to contest the petition and accordingly they were proceeded ex parte. Respondent No. 3, i.e. United India Insurance Company Limited contested the petition by taking a stand that Rajvinder Singh son of Ram Singh was not engaged as a cleaner of Truck No. PB-1 l-B-2095. It was also claimed that the tanker bearing registration No. PCI-4805 was not being driven rashly and negligently at a high speed or that it came on the wrong side to strike against the truck. The death of Gurpreet Singh @ Bhola was also denied. It was also denied that the deceased Gurpreet Singh was employed as a driver or that he used to earn Rs. 3,000 per month, as claimed by the claimants.
(3.) On the pleadings of the parties, the learned Tribunal was pleased to frame the following issues: 1. Whether Gurpreet Singh deceased died on account of rash and negligent driving by respondent No. 1 on 16.4.1995 at 11.30 p.m. in the area of Ambala Cantt.? OPP 2. If issue No. 1 is proved, whether the claimants are entitled to the amount of compensation? If so, its effect? OPA 3. Relief.;