Harbans Lal, J. - (1.) AS a result of collision between a station wagon and a bus, two persons died, two claim petitions filed by the legal representatives of each of the deceased claiming compensation under Section 110A of the Motor Vehicles Act, (hereinafter called the Act). Third claim application was filed by Malkiat Singh, driver and owner of the station wagon, who had also sustained some injuries As all these three claim petitions related to one and the same accident they were conulidated(sic) and tried together. All the there(sic)petitions were dismissed by the Motor Accidents Claims Tribunals, Kapurthala (hereinafter called the tribunal) vide order dated December 21,(sic) 1972 F. A. O. Nos. . 15 of 1972 has been filed by Sukhnandan Kaur and three minor children which arises out of the death of Ripudmn Singh, F. A O No. 218(sic) 1972, has been filed by the legal representatives of Harnam Singh, deceased. Both these appeals will be disposed of by this judgment as all questions of fact and law relate to the same accident and arises out of the same judgment of the tribunal.
(2.) THE fact, briefly, are that on January 23, 1904(sic) at about 12. 15 P. M Ripudman Singh and Harnam Singh, deceased, were travelling by station wagon, No. PNJ. 629 (hereinafter called the station wagon) driven by Malkiat Singh, from Kapurthala to Bassi. Near village Talwara Model Town, Prince, bus No. PN -438(sic), (hereinafter called the bus) driven by Tulsi Ram, came from the opposite side. There was a collision between these two vehicles as a result of which, the said Ripud man Singh and Harnam Singh sustained serious injuries and died. According to Dr. R. S. Bedi, A. W. 7, who conducted the Post Mortem on the dead body of ipudman(sic) Singh on January 27, 1967, the cause of death was shock and haemorrhage due to injury to the spinal cord and fracture of the fourth cervical vertebra. The injuries were stated to be sufficient to cause death in the ordinary course of nature. Post Mortem on the dead body of Harnam Singh was performed by Dr. M L Sethi, A, W. 9/A, the cause of death was shock and haemorrhage. According to Dr. R. S. Pedi, who examined the injuries on Malkiat Singh, driver of the Station wogon, the victim had sustained four injuries on his person. The first information report, Exhibit A.W. 12/B, was recorded by A. S. I. Ravati Singh, A. W. 12 in Police Station Bholath on the basis of the statement of Malkiat Singh, driver. Regarding the fatal accident of Ripudaman Singh, his legal representatives claimed Rs. 1,50,000/ - as compensation. The legal representatives of Harnam Singh injured, in his petition claimed Rs. 50, 000/ - as damages. The first two claim petitions were contested by the insurer of the two vehicles as well as the owner and the driver of the same. The third claim petition by Malkiat Singh, was contested by the insurer, the driver and the owner of the bus. It was denied if any of the vehicles was liable for the fatal accident due to any rash or negligent driving. In view of the pleading of the parties, the following issues were framed, 1. Was the accident due to any negligent act on the part of the driver of the vehicle, No. PNJ -6299 or that of the driver of vehicle No. PND 438 or that of both the drivers and with what effect ? 2. What is the quantum of compensation due, if any, and from whom to whom ? 3. Are the Insurance companies not liable for the objections taken in the written statement ? 3A. Has this tribunal no jurisdiction to award compensation in respect of damage to the property ?
(3.) RELIEF . 4. According to the findings of the tribunal, the fault lay with the driver of the station wagon for the accident and not with the driver of the bus. However, no compensation was granted against any of the vehicles and all the three claim petitions were dismissed, by the tribunal under the erroneous impression that the legal representatives of the two deceased in their claim petitions had claimed damages against the driver and the owner of the bus, and not against the driver and the owner of the station wagon. However, a perusal of their claim petitions makes it evident that in the claim petitions, it was clearly averred that the drivers of both the station wagon and the bus were responsible for the fatal accident as a result of their rash and negligent driving and the damages were thus claimed against both of them. Issue No I is also so framed.;