SARDARI Vs. SUSHIL KUMAR

JUDGEMENT

(1.) Leave granted.

(2.) Before the Motor Vehicle Accident Claims Tribunal (The Tribunal), the driver of the said Tractor, Sushil Kumar was examined. He categorically stated that he did not know how to drive a tractor and he never even tried to learn driving of the tractor. He admitted that he had not been possessing any valid driving license to drive a tractor. It was accepted by him that he had even never applied therefor. He also, in answer to a question put to him in cross-examination, admitted that he did not hold a driving license.

(3.) In that view of the matter, the application for grant of compensation was dismissed. An appeal preferred thereagainst by the appellants has also been dismissed by the High Court. The High Court, however, was of the opinion that the finding of the Tribunal that no accident took place due to rash and negligent driving of Sushil Kumar, was not correct holding that the appellants were entitled to compensation of Rs. 63,000/- from the respondent Nos. 1 and 2.