SHIV KUMAR SHARMA, J. - (1.) IN this appeal 'substantial justice' and 'technical considerations' are pitted against each other. Background facts
(2.) A few facts are required to be set out at the outset. The claim petition was filed on 4.8.1981 by the family members of deceased Shah Veenoor, who died on 5.2.1981 in a truck accident. Respondents Dilip Singh, Bagicha Singh and Ajmer Singh were ordered to be summoned by the learned Tribunal but the claimants did not file process fee. Ultimately, learned Tribunal directed the claimants to publish the summons of the said persons in the newspaper but claimants did not comply the order. Vide order dated 8.7.1993 the Tribunal refused to summon them and the case was posted for adjudication of the issue as to whether the claim petition was maintainable in absence of the driver and owner of the vehicle. However, the claimants moved an application under Section 151, Civil Procedure Code on 12.8.1993 to the effect that Ajmer Singh be ordered to be summoned again as his new address became known to the claimants. The learned Tribunal dismissed the claim petition vide order dated 18.8.1993 observing that the liability could not be fastened on the owner of the vehicle in question as he could not have been summoned and there being no negligence on the part of the owner, no compensation in that event could be realised from the insurance company as well.
(3.) THE appellants herein, through this appeal, have questioned the aforesaid judgment of the learned Tribunal.;