NAND LAL Vs. KRISHNA AND ORS

JUDGEMENT

(1.) This is an appeal against award dated 7.2.2006 passed by Dr. Shiva Sharma, Motor Accident Claims Tribunal, Hisar, vide which the claim petition preferred by LRs of Satpal was accepted.

(2.) The case of the claimants is that Satpal s/o Chandu Ram was travelling in a tractor bearing registration No. HNB-1264 to the brick kiln situated in village Jamalpur. After loading bricks and pieces of bricks in the trolley of the said tractor, the deceased and others were returning to their village and around 10.00 A.M. when they reached near the water works of village, Jamalpur, one canter bearing registration No. HR 18/0248 being driven by Tilak Raj in a rash and negligent manner came and hit the back portion of trolley of the tractor from behind as a result of which the tractor turned turtle but the trolly did not turn. Attar Chand, driver of the tractor jumped off the tractor and saved himself. But Satpal and Naresh fell under the tractor and received multiple grievous injuries. After the accident, the driver of the canter sped away the canter. Manohar Lal and Attar Chand raised alarm. Satpal and Naresh were taken out from under the tractor and were taken to the Civil Hospital, Jamalpur. Satpal succumbed to the injuries sustained by him.

(3.) Respondent No. 1 filed written statement and denied the accident and the entire claim of the petitioners and pleaded that the compensation claimed was exorbitant. Respondents No. 4 and 5 have not contested the case and were proceeded against ex parte. Respondents No. 7 and 8 did not file any written statement despite opportunity.