Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. Appellant is before us aggrieved by and dissatisfied with the judgment and order dated 31st July, 2006 whereby and whereunder an appeal preferred by it was dismissed in limine by the High Court of Punjab and Haryana at Chandigarh stating :

" For the reasons in paras 43 & 44 of the award of the Tribunal, we find no ground to interfere in this matter.

Dismissed."

3. Ordinarily we would have remitted the matter back to the High Court as the appeal of the appellant under Section 173(1) of the Motor Vehicles Act 1988 (for short `the Act) has not been considered on merit, but, keeping in view the fact that the respondent Nos. 1 to 6 being mother, brothers and sisters of the deceased having been awarded a total amount of compensation of Rupees one lac forty thousand only, we chose to hear the parties on merit.

4. The accident took place on 15th May, 2002 when deceased Sunil Kumar alongwith other injured persons, were travelling as members of a marriage party in a Tata 407 vehicle bearing registration No. HR-39-9869. Indisputably it was a goods vehicle. The first information report was lodged in relation thereto wherein the driver of the vehicle was made an accused.

5. Separate claim petitions were filed by the heirs and legal representatives of the deceased as well as by the injured before the Motor Vehicles Claims Tribunal, Bhiwani.

In the claim petition in question, the relevant portion of the claim form was filled up as under :-

"Was the person in respect of the whom compensation is claimed, traveling in the motor vehicle involved in the accident, if so, give the name of station and start of journey and its destination?

Yes, the deceased Sunil Kumar alongwith others was traveling as a Barati in the Tata 407 being driven by the respondent no.1 and they were returning after attending the marriage function from village Jharli to Kusumbi."

Against the column `cause of accident with brief descriptions it was stated:-

"Brief facts of the accident are that the deceased Sunil Kumar alongwith others was traveling in the capacity as Barati in Tata 407 in question and after attending the marriage function were returning from Jharli to village Kusumbhi in the Tata 407 which was being driven by the respondent no.1. The vehicle was being driven rashly, negligently and at a very high speed and inspite of warning to the respondent no.1 to drive the vehicle slowly the respondent no.1 continued driving rashly and negligently and on 15.5.2002 at about 6.30 PM when the vehicle after crossing Railway Phatak of Dhalwas and were going towards Sehlanga due to rash and negligent driving of respondent no. 1, the respondent no.1 lost control on the vehicle resulting to turn turtle and several persons suffered grievous injuries and deceased Sunil and one Photographer named Hazari died at the spot. On the statement of Rameshwar son of Akhey Ram, r/o. Mundhal Khurd, one of the eye witness and traveling as Barati FIR No. 98 dated 16.5.2002 was lodged against the respondent No.1, which contains the detailed manner of accident how it took place and be read as part of this petition. The respondents being the driver, owner and insurer, are jointly and severally liable to pay compensation to the petitioners."

6. As a reference has been made to the first information report bearing No. 98 dated 16th May, 2002, which was lodged against the driver, first respondent in the claim petition, we may also notice the relevant portion of the contents thereof from the award of the Tribunal.:-

"...He referred to the contents of FIR Ex. P2 wherein it is mentioned that all the members of marriage party were the occupants of the four wheeler and there was no mention that dowry articles or some furniture etc. were loaded in the vehicle."

7. We are not oblivious of the fact that ordinarily an allegation made in the first information would not be admissible in evidence per se but as the allegation made in the first information report had bee