NATIONAL INSURANCE CO LTD Vs. ROSHNI DEVI

JUDGEMENT

(1.) This appeal is filed by the insurance company, challenging the award of the Motor Accidents Claims Tribunal, Kaithal, which awarded the compensation to the respondents-claimants and the appellant was also made liable to pay the amount.

(2.) We have heard learned counsel for the appellant.

(3.) The insurance company has not denied the accident. However, it contended that the deceased himself was driving the tractor. The case of claimants-respondents was that the deceased was going from village Sirsal to village Barsana on foot at about 7 p.m. when the tractor came from the side of village Barsana. It was driven by respondent No. 6, Mahi Pal in a rash and negligent manner and he could not control the tractor and hit against Krishan Lal. The tractor turned turtle and fell in the pits. Because of the injuries received in the accident by Krishan Lal, he died.