MAM CHAND Vs. SUNITA DEVI

JUDGEMENT

(1.) This is an appeal by driver and owner of tractor bearing registration No. HR-02-T-4607 against the award dated 13.5.2010 passed by the Motor Accidents Claims Tribunal, Jagadhri (for short, "the Tribunal") vide which a sum of Rs. 4,82,500/- has been awarded as compensation to the claimants and the owner and driver of the tractor have been jointly and severally held responsible for satisfaction of the award and the Insurance company has been exonerated from its liability to indemnify the insured. The facts necessary for disposal of this appeal are as under:

(2.) Respondents No. 1 and 2 by way of their joint written statement have denied the very accident to have occurred involving tractor No. HR-02-T-4607.

(3.) Respondent No. 3, the insurance company has also denied the accident to have occurred involving the said tractor. It is, however, pleaded in the alternative that the claim petition has been brought in collusion with respondents No. 1 and 2.