S.N.MODI, J. - (1.) THESE three appeals are directed against the judgment of the Motor Accidents Claims Tribunal Jodhpur Civil Misc. cases Nos. 33A, 34A and 35A of 1970. As these three appeals arise out of a single accident, they ate being disposed of together by this judgment.
(2.) THE facts giving rise to these appeals are like this. On 8 -3 -1970 at about 8.30 p.m. three children Gopal, Karan Singh and Ram Deo along with others were playing far away from the road. Motor Truck No. DLK 1176 (Pick up) came from the side of the 5th Road Sardarpura, Jodhpur and when it reached the crossing of 3rd Road Sardarpura and Umaid Hospital Road, it deflected towards left where the boys were playing. The truck first struck against a sign post on which Baldeo Marg was written and thereafter injured Gopal, Karan Singh and Ram Deo. The latter (Ramdeo) succumbed to the injuries. At the time of the accident the truck was being driven by driver Sagat Singh rashly and negligently. The owner of the truck on the date of the accident were said to be Roop Chand and his minor son Mangilal. Karati Singh claimed Rs. 5,000/ - as compensation from Roop Chand and Mangilal in his claim petition which was registered as 33A of 1970 Gopal also claimed the same amount and his claim petition was registered as 34A of 1970. Parents of Ramdeo namely Narain Singh (father) and Mst. Madi (mother) claimed compensation worth Rs. 25,000/ - and their claim petition was registered as 35A/70. All the three petitions were consolidated by the learned Judge who tried them together. Roop Chand and Mangi Lal denied their liabilities to pay compensation. They denied that they were the owners of the truck on the date of accident. They also denied that the driver of the truck namely Sagat Singh was their employee. They also denied that the accident was caused due to rash and negligent driving of the driver Sagat Singh. The pleaded that the owner of the truck was one Ratan Chand as per registration certificate. They also pleaded that the claim petition was liable to be dismissed as the Insurance Company and the driver who caused the accident were not made parties to the claim petitions.
(3.) THE learned Judge on consideration of the evidence led by the parties by a single judgment allowed compensation from Roop Chand to the rune of Rs. 500/ - each to Gopal and Karan Singh and Rs. 2500/ - to the parents of Ramdeo. It is against this judgment that these three separate appeals have been preferred by Roop Chand. No decree was passed against Mangilal as he was minor on the date of accident.;