RULDA SINGH Vs. AMARVIR KAUR

JUDGEMENT

(1.) This appeal is directed by Rulda Singh, Amar Singh and Surjit Singh against the award dated 13/10/2006 passed by the Motor Accidents Claims Tribunal, Fatehgarh Sahib, vide which the present appellants were held liable for payment of compensation to the tune of Rs. 6,02,200 jointly and severally. Feeling aggrieved therewith, the appellants have preferred this appeal.

(2.) The facts are these: On 11.1.2003 at about 6.30 p.m., Netar Singh and Cham- kaur Singh were proceeding from Amloh towards village Warraichan on a scooter bearing registration No. PB 48-3002 driven by Netar Singh. Chamkaur Singh was sitting on the pillion seat. When they neared village Noorpura near Amloh, meanwhile a tractor bearing registration No. PBD 1503 of which one light was on being driven by Rulda Singh came from the opposite direction in a rash and negligent manner. Netar Singh slowed down the speed and stopped the scooter on his own side on seeing the tractor coming on the wrong side. The tractor struck against the scooter. As a result of its impact, the driver as well as the pillion rider of the scooter sustained injuries. The injured persons were removed to the hospital. Netar Singh succumbed to the injuries. On these allegations, the claim petition was filed. All the five respondents resisted the claim petitions by traversing the facts embodied therein. Ujaggar Singh as well as Amarjit Singh, respondents put forth that they had sold the tractor in question to respondents Amar Singh and Surjit Singh on 19/9/2002. The following issues were framed by the learned Tribunal:

(3.) After hearing the learned counsel for the parties and examining the evidence on record, the learned Tribunal passed the award as noticed at the outset. As is borne out from the record, the respondent Nos. 1 to 4 herein this appeal were being represented by Mr. Sham Lal Bhalla, Advocate whereas respondent Nos. 5 and 6 were being represented by Mr. Suvineet Sharma, Advocate. None has come forward to argue on behalf of these respondents.