Hon'ble PURI, J.— The appellant-New India Assurance Company has directed this appeal against the award dated 24.7.2008 passed by Shri Sanjiv Jindal, learned Motor Accident Claims Tribunal, Panchkula for setting aside award.

2. Factual matrix comprising the claim petition shorn of unnecessary details is that claimants, i.e. claimant No. 1 Raj Rani being the widow and claimants No. 2 and 3 being the son and daughter respectively of the deceased Raj Kumar have averred that in the intervening night of 24/25.1.2005, deceased Raj Kumar along with companion Harnam Singh, who was sitting on the pillion of the scooter bearing registration No. HR-34-A-0063. While driving the said scooter, he was going from Pinjore to his village followed by an another scooter being driven by one Amar chand and occupied on the pillion by one Gurcharan Singh. When both the scooters reached near the Bus Stand of village Sukho Majri, at about 1.30 A.M. the offending truck bearing registration No. HR 03-9511 fully loaded with stones being driven rashly and negligently in a very high speed by its driver i.e. respondent No.1 came from the opposite direction and hit the scooter of the deceased. Due to the collision, the victim's scooter was dragged up to a considerable distance alongwith its occupant. Raj Kumar succumbed to his injuries at the spot as he was run over under the front portion of the truck, while the pillion rider of the victim's scooter namely Harnam Giri suffered considerable injuries on his person including the grievous ones. With regard to the aforesaid accident, the FIR No. 12 dated 25.1.2005 under Sections 279/304 A IPC was registered at Police Station Pinjore. The driver of the offending truck i.e. respondent no.1 on seeing the situation, fled away from the spot leaving behind the occupants of the victim scooter under his truck.

3. In this regard, the claimants further pleaded that the deceased was very laborious and was keeping a good health. Due to sudden death of the deceased, the claimants No. 1 to 3 lost the love affection of the deceased being the husband of claimant No.1 and the father of claimants No. 2 and 3 at the very early stage. At the time of his death, the deceased aged 44 years, who was employed in HMT Pinjore, had been earning Rs.11,500/- per month and was an income tax assessee. Besides the claimant No. 1 also had to spend Rs.20,000/- on the funeral ceremonies of the deceased. In the end the claimants No. 1 to 3 prayed that an amount of Rs.18 lacs be granted to them jointly and severally along with interest @ 18% per annum from the date of filing of claim petition till the realization of the claimed amount.

4. Respondents No. 1 and 2 namely, the driver and the owner of the offending truck who had put in their appearance in the Court on 24.3.2005 through their counsel, had to be proceeded against ex parte vide order dated 11.4.2005 passed by the learned Predecessor Court, when none appeared on their behalf despite the repeated calls of the Court. The counsel for Respondents No. 1 and 2 again appearing in the court on 17.11.2005 despite having been proceeded against ex parte as referred above but since he was not ready with the written statement on the said date also, so, the learned predecessor court vide order dated 17.11.2005 only allowed him to join the proceedings on that date with the specific ruling that there was no justification for further adjourning the case for filing the written statement on behalf of respondents No. 1 and 2.

5. Respondent No. 3 i.e. the New India Assurance Company in its written statement while taking the preliminary objections with respect of locus standi, maintainability and cause of action etc., controverted all the material assertions of the claimants and contended specifically that it was not liable to pay any compensation to the claimants for the alleged death of said Raj Kumar or the injuries suffered by the claimant Harnam Giri in the alleged accident which occurred on 24.1.2005 as no such

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