SITAL SINGH Vs. CHELA @ SARJIT SINGH

JUDGEMENT

(1.) THE claimants here are the parents of Charanjit Singh who was killed in an accident with a tractor on October 26 October 1976. The claim for compensation put in by them was negatived by the Tribunal on the finding that it had not been established that the accident had been caused by any negligence on the part of the driver of the tractor. It is this finding which now stands challenged in appeal.

(2.) ACCORDING to the claimants, Charanjit Singh was thrown off the tractor PUL 7409 on which he was sitting, on account of the rash and negligent driving thereof by its driver-Chela alias Sarjit Singh, as a result of which he was run over by this very tractor. The respondents denied this accident. It was in fact stated that the respondent-Chela, had been falsely implicated in this case.

(3.) IT has also come on record that a report regarding this accident was lodged with the police. The First Information Report here was recorded on the statement of Maghar Singh. This first information report is Exhibit P. 1. It was the testimony of P.W. 5 Paramjit Singh that Maghar Singh had since been bribed to resile from the statement made by him to the police and on this account, he did not support it when he appeared in the criminal court where Chela alias Sarjit Singh respondent was convicted on December 29,1978 in respect of this accident.