- (1.) This is an appeal by four of the five claimants who had filed a claim petition before the learned Motor Accident Claims Tribunal, Ludhiana, on account of the unfortunate death of Harpal Singh, in a motor vehicle accident on 22.06.1996 at about 8:30 pm, in the area of village Ayali Kalan, District Ludhiana. The present appellants are the widow and three (then minor) children of the deceased, with the 5th claimant before the Tribunal having been the mother of the deceased, who was impleaded as proforma respondent No.4 in the present appeal but is shown to have died during the pendency of the appeal, without any service having been effected upon her.
(2.) The facts leading up to the filing of the claim petition, as taken from the Award of the learned Tribunal, (the original records having been burnt in a fire incident of January 2011), are that Harpal Singh is stated to have been going on a scooter from Avtar Nagar to village Ayali Kalan on 22.06.1996, and when he reached a place between the G.T.Road and the aforesaid village, at about 8:30 pm, a Maruti car bearing registration No.PB- 105-0766, driven by respondent No.1 herein, in a rash and negligent manner, came from the opposite side and struck against his scooter. He is stated to have fallen down on the left side of the road and received head injuries. He was admitted to the Dayanand Medical College and Hospital, Ludhiana, by Iqbal Singh and Sukhpal Singh, where he unfortunately died on 27.06.1996, i.e. about five days after the accident. An FIR is also stated to have been lodged on the date of his death, at Police Station Sadar, Ludhiana. The occurrence is stated to have been witnesses by the aforesaid Iqbal Singh and one Rajinder Singh, who were stated to have been coming behind Harpal Singh on their scooter. It was further stated in the claim petition, that the deceased was employed as a Clerk in the Government High School, Barewal, Tehsil and District Ludhiana and was drawing a monthly salary of Rs.4320/-. He was stated to have been 37 years old when he died.
(3.) Upon notice issued to the respondents, respondent no.1, i.e. Labh Singh, driver of the Maruti car, admitted the accident but stated that it took place due to the fault of Harpal Singh, despite he (Labh Singh) trying his best to save him. Respondent No.2, i.e. the owner of the Maruti car, filed a written statement denying complete knowledge of the accident and the contents of the claim petition. The insurance company, i.e. respondent No.3, also filed a separate written statement, denying the contents of the claim petition and further stating that the Maruti car did not have a valid registration certificate at the time of the accident and that the company was not liable to pay any compensation, because respondent No.1 also did not have a valid driving licence. Other preliminary objections with regard to non-joinder etc. were also taken.;