Harbans Lal, J. - (1.) THIS appeal is directed against the judgment of the Motor Accidents Claims Tribunal, Patiala, dated October 28, 1971 whereby the claim petition of the Appellants for compensation under Section 110 -A of the Motor Vehicles Act, (hereinafter called the Act),, was dismissed.
(2.) ON May 26, 1967, at about 11.30 P.M., a car driven by Hari Ram (now deceased) going from Nabha towards Malerkotla met with an accident with truck No. PNT -6566, belonging to the Punjab State Electricity Board and driven by Harnek Singh (hereinafter called the truck) as a result of which, Hari Ram, driver of the car died and Waryam Singh and Piara Singh, two occupants of the car,, sustained a number of injuries. A claim petition for compensation on account of the death of Hari Ram was filed by Ram Sarup and Babu Ram and Sarupi, brothers and sister of the deceased, respectively, as his legal representatives. The claimants, in their claim petition claimed Rs. 1,000 on account of medical expenses and Rs. 45,000 as damages on account of the pre -mature end of Hari Ram. The two injured also filed claim petitions claiming compensation for the injuries sustained by them. The tribunal dismissed the claim of the Appellants holding that brothers and sister had no locus standi to file the claim petition, that the accident was not as a result of the rash and negligent driving by the driver of the truck and further that it was not proved that the Appellants were in any manner dependent on the deceased. So far as the claim petitions of the two injured are concerned, Piara Singh, injured,, was awarded Rs. 250 and Waryam Singh, injured, Rs, 500. While the judgment of the tribunal has been challenged in the present appeal by the two brothers of Hari Ram deceased, his sister and Waryam Singh, injured, no appeal has been filed by Piara Singh, injured. In the claim petitions under appeal,, the driver and the owner of the truck as well as the insurer were impleaded as parties. The claim petition was contested both on behalf of the owner as well as the insurer. According to their written statements, it was Hari Ram, deceased, who was responsible for the fatal accident. He was going on the wrong side of the road in a drunken condition while the driver of the truck was driving the truck on the correct side of the road. As the deceased took a sudden turn of the car to his right, the car struck against the truck. It was also urged that the brothers and sisters had no locus standi to file the claim petition, nor were they dependent upon the deceased. In view of the pleadings of the parties, the following issues were farmed: 1. Have the Applicants in C.A. No. 128/CT/67 any locus standi to bring this claim ? 2. Was the accident due to any negligent act on the part of the driver of the truck of the Electricity Board or was that due to the negligence of the deceased driver of the car or that of both and with what effect ? 3. What should be the quantum of compensation due if and from whom ?
(3.) ARE any of the insurance company not liable to pay any compensation ?;