JUDGMENT :

Avneesh Jhingan, J.

1. The award dated 04.04.2006 passed by Motor Accident Claims Tribunal, Jalandhar (for short the ‘Tribunal’) has been assailed by the owner of truck bearing registration No. PB-10-AD-9519 (hereinafter referred to as the ‘offending vehicle’) being aggrieved of the recovery rights granted to the insurer.

2. The record of this appeal was burnt and from the salvaged record of the partially burnt cases, the same was reconstructed subject to all just exceptions and further verification.

3. The insurer of the offending vehicle has been arrayed as respondent No. 1 and the claimants have been arrayed as respondent Nos. 2 to 5 respectively. The driver and mother of the deceased have been arrayed as proforma respondents.

4. The facts in brief are that on 22.6.2001 Gurdeep Singh loaded the truck bearing registration No. PUW-4195 with bricks and was going from Jalalabad to Talwara. Balbir Chand was the cleaner. Truck was being followed by another truck driven by Iabql Singh. On his way, the truck driven by Gurdeep Singh was struck by a rashly and negligently driven offending vehicle. As a result of the impact, the Truck of Gurdeep Singh caught fire, body of Gurdeep Sin