VINOD K.SHARMA,J - (1.) THIS appeal has been filed by the claimant-appellants against the award dated 31.1.1998 passed by the learned Motor Accident Claims Tribunal, Rupnagar (hereinafter referred to as 'the Tribunal') in MACT Case No. 8 of 20.1.1996.
(2.) A claim petition was filed by the parents of Rajinder Singh, who was aged about 26 years and was working in JCT Mills, Mohali. He was drawing Rs. 3,000/- p.m. He died on a road accident 19th December, 1995. An FIR No. 31 dated 19.12.1995 was registered at Police Station Sadar, Rupnagar. The compensation to the tune of Rs. 6,00,000/- (Rs. six lacs) was claimed. It was claimed that on 19.12.1995 Rajinder Singh, deceased along with Kulwant Singh and Krishan Singh was going from Rupnagar towards Nangal side in a Contessa car bearing No. PB-27/2829. When they reached near Bharatgarh at about 7.30 p.m. a truck bearing No. CH-013848 (T) came from opposite direction which was being driven by its driver in a rash and negligence manner. The said truck struck against the car. As the result of the impact, Rajinder Singh and other occupants of the car received multiple injuries. Injured were removed to the Civil Hospital and, thereafter to Post Graduate Institute, Chandigarh. Rajinder Singh was sent back to Civil Hospital, Rupnagar, where he died on 24.12.1995. It was alleged that the accident had occurred due to rash and negligent driving of the truck No. CH-01-3848 (T).
(3.) THE claim was contested and it was claimed by respondent No. 1 that accident had taken place due to rash and negligent driving of the Contessa car. An application was moved by respondent No. 2 claiming that respondent No. 2 was not the owner of the said truck, but one Bal Krishan Lal was the owner of the vehicle, who was impleaded as respondent No. 4. The Insurance Company denied the accident, whereas respondent No. 4 also took the similar stand.;