- (1.) This appeal has been filed by the parents of a 10 year old child, Anup Kumar, who unfortunately died in a motor vehicle accident on 20.11.1994. The claim petition filed by the appellants herein, was dismissed by the learned Motor Accidents Claims Tribunal, Jind, vide the impugned Award dated 07.09.1998.
(2.) The facts, as taken from the Award, are that on 20.11.1994 the deceased Anup Kumar, alongwith his family members, including appellant No.1, i.e. his mother, one Samundar Singh, Surender Singh and Narender is stated to have been coming from his fields, going to village Nirjan, Tehsil and District Jind. When this party of 5 people reached near the village, on the Jind-Gohana road, at about 5:30 to 6:00 PM, a mini bus bearing registration No.DL-2CC-4588, came from the side of Safidon, allegedly at a high speed, driven by respondent No.1 herein. The bus is stated to have hit Anup Kumar, leading to his death on the spot. Consequently, the claim petition was filed, with respondents No.1, 2 and 3 herein, i.e. the driver, owner and insurer of the bus respectively, impleaded as respondents No.1 to 3.
(3.) Upon notice issued, the 1st respondent, i.e. the driver, put in his appearance initially but thereafter absented himself and was proceeded against ex parte, vide order dated 25.08.1995. The owner and insurer of the vehicle contested the petition and denied the accident all together, even denying that the appellants-claimants were legal heirs or dependents of deceased Anup Kumar. (Obviously, the deceased being a child, his parents could not have been dependent on him). Other than that, the usual preliminary objections with regard to maintainability of the petition etc. were taken by the said respondents before the Tribunal, other than a contention of respondent No.3 that respondent No.1 was not holding a valid driving licence on the day of the accident and consequently, the insurance company could not be held liable to pay any compensation awarded.;