ORIENTAL INSURANCE COMPANY LTD Vs. KASTURA

JUDGEMENT

(1.) ONE Azad Singh died in an Accident. He was travelling in Trade No. HRE-4536, which was being driven by Balaiti Ram son of Ram Kishan and was owned by Kashmira Singh son of Surain Singh. Since the ,said truck was being driven in a rash and negligent manner, it struck against a shisham tree, resulting in injuries to Azad Singh who died at the spot.

(2.) IN the claim petition filed by Kastura and Smt. Shakuntla Devi wife of Kastura, that is, the parents of deceased Azad Singh, Balaiti Ram Driver was arrayed as respondent No. 1 and Ramesh Chand was shown as respondent No. 2, Respondents 4 and 5 were pro-forma respondents being brothers of the deceased. Kashmira Singh was arrayed as respondent No. 6 by an amendment of the petition by the claimants at a later stage.

(3.) FOLLOWING issues were framed by the Motor Accident Claims Tribunal (for short, the Tribunal) : i) Whether the accident in question took place due to rash and negligent driving by respondent No. 1, as alleged ? OPP. ii) To what amount of compensation are the claimants entitled to and from whom? OPP. iii) Whether the petition is bad for misjoinder and non-joinder of parties? OPR-3; iv) Whether the driver of the truck had a valid driving licence ? OPR-3. v) Relief.