Amol Rattan Singh, J. - (1.) This appeal has been filed by the claimant (hereinafter also referred to as "claimant") before the learned Motor Accident Claims Tribunal, Karnal, (hereinafter referred to as "Tribunal"), seeking enhancement of the compensation of Rs.8000/- awarded to him vide the impugned Award dated 07.06.2006, on account of the death of his mare, in a motor vehicle accident that is stated to have taken place on 11.10.2003 at about 11 AM. As per the claimant, (the facts being taken from the impugned Award), he was going to his fields on his white mare on the aforesaid date at the aforesaid time and while the mare was standing on the side of the road, while the claimant was talking to one Amar Hasan, a tractor bearing registration no.HR-05A-2402, driven by respondent no.1 herein, came on to the wrong side of the road and struck against the standing mare, due to which it sustained injuries and died on the spot. An FIR is also stated to have been lodged at Police Station Gharaunda on 14.10.2003, after which the claim petition was filed on 05.05.2004, seeking a compensation of Rs.90,000/-, along with interest upon it @ 24% per annum.
(2.) Upon notice issued to the respondents, i.e. the driver and owner respectively of the tractor, they filed a joint written statement taking preliminary objections with regard to maintainability and locus, as also for "multifariousness of parties". It was denied that the accident had taken place, and further, that respondent no.1 had been falsely involved in the criminal case.
(3.) Upon the aforesaid pleadings, the following issues were framed by the learned Tribunal:- "1. Whether the mare of the petitioner died in a motor vehicle accident with vehicle no.HR-05A-2402 being driven by its driver so rashly and negligently?OPP 2. If issue no.1 is proved, whether the petitioner is entitled for compensation if so to what amount and from whom?OPP 3. Whether the respondent no.1 was not holding any valid and effective driving licence on the date of accident?OPR 4. Relief.";