FAO No.3335 of 2009(O&M) #1# IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. FAO No.3335 of 2009(O&M) Date of Decision:-19.08.2011 Lahora Singh & Ors. ......Appellants. Versus Sadhu Singh & Ors. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. Mandeep Kaushik, Advocate for the Appellants. Mr. V.K. Kataria, Advocate for the Respondent nos.1 & 2. *** JASWANT SINGH, J.(ORAL) Present appeal has been filed by the appellants(claimants) for setting aside the award dated 3.11.2008 passed by the learned MACT, Faridkot dismissing their claim petition. Facts giving rise to the filing of the present petition are that on 8.4.2005 Jagsir Singh(deceased) was going on motor cycle bearing no.PB04J-8053 from village Bhag Thala Kalan to Muktsar. At about 9.15 am when he reached near bye-pass Muktsar, truck bearing no.PB30C 4315 being driven by respondent no.1(driver of the truck) in a rash and negligent manner struck against the motor cycle of Jagsir Singh(deceased) as a result of which he fell down and received multiple injuries. Said accident was witnessed by Sukhjinder Singh and Tejinder Pal Singh. Thereafter during FAO No.3335 of 2009(O&M) #2# the course of his treatment Jagsir Singh died in Deepak Hospital, Ludhiana on 16.04.2005. Police obtained signatures of some persons on blank papers and lodged DDR No.22 of 8.4.2005 in connivance with the respondents. Thereafter appellants(claimants) filed claim petition which was dismissed by the learned MACT, Faridkot vide impugned judgment dated 03.11.2008. Learned Counsel for the appellants(claimants) submits that owner of the truck i.e. M/s Shivam Construction Company Ltd. has not been impleaded as party in the claim petition by the Counsel before the Tribunal and without impleading the owner of the offending vehicle claim petition cannot be adjudicated properly. He further submits that claim petition be remitted back for fresh adjudication. He further submits that police did not record the statement of Sukhjinder Singh(AW2) correctly regarding the accident. Learned Counsel for respondent nos.1 & 2 submits that there is no infirmity or illegality in the award passed by the learned MACT, Faridkot and that same has been passed after appreciating the evidence properly. After hearing the rival contentions, I am of the considered view that the impugned award dated 3.11.2008 passed by the learned Tribunal does not suffer from any illegality or infirmity. Appellants(claimants) stated that the police has not correctly recorded the statement of Sukhjinder Singh (AW-2), however, they have not produced or examined him before the Tribunal to prove their case. Appellants(claimants) further stated that Jagsir Singh has died in an accident between his motor cycle and the truck, whereas, from the award it is revealed that Jagsir Singh fell down on the road due to hypertension attack and succumbed to the injuries received due FAO No.3335 of 2009(O&M) #3# to fall from motor cycle. As per post mortem report(Ex.A-5) the cause of death in this case was speticaetnia as a result of injury to the abdomen due to road side accident and no crush injury was found on the deceased. Learned Tribunal has rightly come to the conclusion that accident did not take place with the alleged offending truck rather the deceased died due to the injuries received by him due to fall from his own motor cycle. Further it is a lapse on the part of the appellants(claimants) by not impleading the owner of the offending truck in claim petition which is necessary for proper decision of the claim petition. Dismissed. ( JASWANT SINGH ) JUDGE August 19, 2011 Vinay