Surinder Gupta, J. - (1.) This is appeal against the award dated 12.05.2004 passed by Motor Accident Claims Tribunal, Hisar (later referred to as 'the Tribunal'), dismissing the petition filed under Section 163-A of the Act (later referred to as 'the Act') by the appellants-claimants seeking compensation for the death of Jagdish, husband of appellant-claimant No.1 and father of appellants-claimants No.2 to 5.
(2.) The case of the claimants, in brief, is that on 04.05.2002, the deceased was coming from Rohtak to Hisar driving car bearing registration No.DL-3CA-9918 (later referred to as 'the offending vehicle') which was owned by Parkash Sawami, respondent No.1. The deceased was driver on the offending vehicle on the monthly salary of Rs. 3,500/- per month. When he reached near Gopal Ghee Factory in the area of Hisar Cantt, the offending vehicle hit the divider and turned turtle to its right, due to which the deceased and other occupants of the offending vehicle received serious injuries. One of the occupant Krishan Singh died at the spot and others were shifted to Jindal Hospital, Hisar. The deceased also died on 23.06.2002 due to the injuries suffered by him in the accident. It was alleged that the accident took place due to use of the offending vehicle and the claimants are entitled to claim compensation under Section 163-A of the Act.
(3.) Respondent No.1 did not contest the claim petition while insurer of the offending vehicle Oriental Insurance Company in its written statement, contested the claim petition with the averment that claim petition has been filed in collusion with respondent No.1. It was averred that deceased was neither driving the offending vehicle, nor received injuries in the alleged accident or was having a valid driving licence at the time of accident. It was also denied that any accident took place with the offending vehicle and that the deceased was employed as driver on the offending vehicle by its owner, who is real brother of the deceased. The police has registered criminal case for the offences punishable under Sections 279, 337, 304-A IPC against the deceased for causing the accident. Other averments in claim petition were also contested, controverted and denied. Pleadings of the parties led to the framing of issues as follows:- (1) Whether the death of Jagdish took place due to the injuries received by him in the accident when the car bearing registration No.DL-3CE/1198 driven by the deceased struck against the road divider and turned turtle? OPP (2) If issue No.1 is proved, to what amount of compensation, if any, are the claimants entitled to and from whom? OPP (3) Whether the insurance company is not entitled for the reasons set in the preliminary objections? OPR (4) Relief.;