- (1.) The present appeal has been preferred by the appellantsclaimants against the award dated 06.03.2012 passed by learned Motor Accidents Claims Tribunal, Patiala (hereinafter called the 'Tribunal'), vide which the claim petition filed by the appellants-claimants under Section 166 of the Motor Vehicles Act, 1988 (for short the 'Act') for grant of compensation on account of death of Rajinder Singh in the motor vehicular accident which took place on 07.02.2009 has been dismissed.
(2.) As per the averments in the petition, on 07.02.2009 deceased Rajinder Singh had gone to Modern Optician Shop. After coming out of the said shop, he was about to board his car, which was parked little ahead towards Head Post Office, Patiala, a bus bearing registration No.PB-11AJ-8732 came from the side of Fountain Chowk, Patiala, which was being driven at a high speed in a rash and negligent manner. The driver of the bus could not control it and it struck against Rajinder Singh from behind. He was thrown at divider of the road. Manrit Saini and other persons collected at the spot. The deceased was taken to Rajindra Hospital, Patiala where he succumbed to the injuries. The police in connivance with the driver and owner of the bus, lodged a false report. Even the statements of the eye witnesses have not been recorded. The petitioners have further pleaded about the age, income and profession of the deceased.
(3.) The claim petition was contested by respondents No.2 & 3 by filing the separate written statements. Respondent No.2 though has not disputed the accident, but it was averred that the same has taken place due to rash and negligence of the deceased himself. Respondent No.3 National Insurance Company denied the factum of accident. Certain legal and preliminary objections were also raised by the respondent-Insurance Company and prayer was made for dismissal of the petition. From the pleadings of the parties, following issues were framed:- 1. Whether Rajinder Singh died in a motor vehicular accident which took place on 07.02.2009 on account of rash and negligent driving of bus bearing No.PB-11AJ- 8732, driven by respondent No.1 Krore Singh OPA 2. If issue No.1 is proved, whether the claimant is entitled to seek compensation, if so to what extent and from which of the respondents OPA 3. Whether Krore Singh, respondent No.1 was not having valid and effective driving licence at the time of accident OPR 4. Whether the petition is not maintainable OPR 5. Whether the bus No.PB-11AJ-8732, was not having valid RC, fitness certificate, route permit on the date of accident OPR 6. Relief.;