- (1.) At the very outset, counsel for the appellants states that since a joint appeal on behalf of owner as well as the Insurance Company is not maintainable, let this appeal be treated on behalf of owner only and the appeal on behalf of appellant No.2 i.e. Insurance Company be dismissed as not maintainable. Counsel for the claimants has no objection to this course being adopted. Ordered accordingly. The present appeal is treated only on behalf of the appellant/owner.
(2.) This is an appeal filed against the award of the Motor Accident Claims Tribunal, Ludhiana arising out of MACT case No. 21 of 27/5/1988, decided on 6.4.1990, awarding a sum of Rs. 2,40,000.00 to the claimants on account of death of Hem Raj being widow and minor daughter of deceased Hem Raj.
(3.) The facts in brief are that on 28.3.1988 at about 9.45 P.M. deceased Hem Raj alongwith Tilak Raj and Sudesh Kumar were going near Sherpur Chowk on their bicycle when truck bearing registration No. HYG 1410 driven by Hardial Singh struck against the cycle of deceased Hem Raj from behind. Resultantly, Hem Raj received multiple injuries and ultimately he expired. An FIR No. 31 dated 28.3.1988 was registered under Section 279/427/304-A of the Indian Penal Code at Police Station Focal Point, Ludhaina.;