VINOD K.SHARMA, J. - (1.) THIS order will dispose of FAO Nos. 68, 69 and 70 of 1985 as they arise out of the common award dated 11.10.1984 passed by the learned Motor Accident Claims Tribunal, Kurukshetra. However, for facility of reference, facts are taken from FAO No. 69 of 1985 titled as Smt. Jagpali and others v. Paramjit and others.
(2.) THE appellants-claimants moved an application under Section 110-A of the Motor Vehicles Act, 1939 (for short the 'Act'), claiming compensation to the tune of Rs. 2,50,000/- (Rs. two lacs fifty thousands) on account of death of Shri Prem Pal Singh, aged 35 years who was practising Doctor at village Dhand, Tehsil Kaithal. In the claim petition, it was averred that on 14th of January, 1983 at about 10.15 a.m. deceased Prem Pal Singh was going on his motor-cycle on Kaithal road along with his two minor daughters namely Vijay Shree deceased and Meenakshi. When he reached near Bus Stand village Geong, the offending vehicle of the Haryana Roadways bearing registration No. HRL 8386 coming from the opposite side, which was said to be driven rashly and negligently by its driver respondent No. 1-Paramjit, struck against the ill-facted motor-cycle from the right front side of the bus. As a result of the said accident, deceased Prem Pal Singh and his minor daughter Vijay Shree and Meenakshi sustained injuries. Later on, at Hospital Prem Pal Singh and his daughter Vijay Shree succumbed to the injuries, whereas his daughter Meenakshi also suffered injuries in the said accident. On account of this accident, three claim petitioners were filed, one claiming compensation on account of death of Vijay Shree, the second by Meenakshi, claiming compensation for the injuries suffered by her and the 3rd by the legal heirs of the deceased Prem Pal Singh claiming compensation on account of his death. These claim petitions were contested by respondent Nos. 2 and 3, whereas Paramjit, driver of the offending vehicle did not choose to file any reply, but adopted the written statement filed by respondent Nos. 2 and 3. In the reply, it was claimed that the accident had occurred due to negligence of Shri Prem Pal Singh. It was stated that it was a foggy day and the bus was standing at the Bus Stand when Shri Prem Pal Singh came from the opposite side at a very speed and struck against the Bus. Therefore, the liability to pay compensation was denied.
(3.) ON the pleadings of the parties following issues were framed :- "1. Whether the accident in question took place, on account of rash and negligent driving on the part of respondent No. 1 Paramjit Singh ? OPP 2. If issue No. 1 is proved, to what amount of compensation, if any, the claimants are entitled to and from whom ? OPP 3. Whether the claim petition is bad for non-joining of State of Haryana as a necessary party and mis-joinder of respondent Nos. 2 and 3 ? OPR 4. Relief." On issue No. 1 a finding was recorded by the learned tribunal that the accident had taken place due to rash and negligent driving of respondent No. 1-Paramjit, driver of the offending vehicle. On issue No. 2 the claimants were held to be entitled to claim compensation being legal heirs of deceased Prem Pal Singh. Consequently, the claim petition filed by the legal heirs of the deceased Prem Pal Singh was allowed and a compensation to the tune of Rs. 96,000/- was granted.;