ARVIND KUMAR, J. - (1.) THIS is an appeal by the claimants against award dated 12.11.1998 passed by the Motor Accident Claims Tribunal, Amritsar, whereby their claim petition has been dismissed.
(2.) BRIEFLY , the facts of the case are that on 27.11.1985, Chatur Bhuj Gupta along with his family consisting of his wife and two minor sons along with one of their neighbourers, namely, Meena Rani, were going from Ram Tirath to Amritsar in an auto-rickshaw being driven by Pardeep Kumar, respondent No. 2. Pardeep Kumar was driving the vehicle in a rash and negligent manner when on seeing a bus coming from the opposite direction, took the same on the kacha portion of the road. In that process, the auto-rickshaw turned turtle resulting in serious multiple injuries to Chatur Bhuj Gupta. He was rushed to hospital where he succumbed to the injuries. His family members, namely, his wife and two minor sons filed claim petition claiming compensation on account of his death. Upon notice of the claim petition, respondent Nos. 1 to 3 in their separate written statement filed, denied that the accident took place due to rash and negligent driving by auto-rickshaw driver Pardeep Kumar. It was stated that the bus which was coming from the opposite direction had hit the auto-rickshaw and, therefore, they cannot be held liable to pay compensation. A rejoinder was then filed by the claimants to the written statement thereby denying the averments made in the written statements of respondent Nos. 1 to 3 and reiterating those contained in the claim petition.
(3.) ON the pleadings of the parties, following issues were framed by the Tribunal: (1) Whether the claimants are entitled to any compensation and if so to what amount and from whom? OPA (2) Whether the accident was caused due to the rash and negligent driving of respondent No. 2? OPA (3) Whether the application is bad for non-joinder of necessary parties? OPR (4) Relief. ;