DURG SINGH Vs. RANDHIR SINGH

JUDGEMENT

(1.) Heard.

(2.) Appellants have filed this appeal against the award dated 22nd November, 2002, passed in Claim Case No. 31/1997.

(3.) The appellants No. 2 (b) and (e) are the legal heirs of deceased Balia. On 17th October, 1995, tractor dashed the deceased and in the aforesaid accident the deceased died on the spot. The claimants in the claim application submitted that the deceased had been going on foot, at that time a tractor, being driven rashly and negligently by the driver, dashed the deceased. However, the appellant Durg Singh in his evidence before the Claims Tribunal stated that he had been going at the relevant date from Sironj to Dhamokhedi. Deceased Bhanwar Singh signaled him for stopping the tractor, thereafter he stopped the tractor and the deceased boarded on the tractor and sat on the mudguard of the tractor. Thereafter on the way, the deceased fell down from the tractor and died.