JASWANT SINGH Vs. JAGAT RAM

JUDGEMENT

(1.) These two appeals are outcome of one accident, which was allegedly caused by driver, namely Sukhwinder Singh, on 23.11.2001, while driving tractor No. PB-47-A-0486 whereby two labourers, namely, Naresh Kumar and Balbir Singh sustained injuries and succumbed to the same. The dependents of the deceased filed two separate claim petitions before the Tribunal, for the grant of compensation and the Tribunal determined both the claim petitions by passing two separate awards of the same date in MAC Petitions No. 16/03 RBT 67/05/03 and 17/03 RBT 81/05/03, respectively, whereby and whereunder the insurer was saddled with the liability with right of recovery from the owner, hereinafter referred to as "the impugned awards", for short. Thus, I deem it proper to determine both these appeals by this common judgment.

(2.) A perusal of the record do disclose that the claimants have filed two claim petitions against the brick-kiln owner and driver of the offending tractor and the particulars of the insurance company was not known. The respondents have filed objections, particularly owner-appellant herein and the particulars of the insurance company and also the owner of the offending vehicle Jaswant Singh were disclosed. It is stated that Jaswant Singh was lateron arrayed as party respondent in the claim petitions before the Tribunal.

(3.) The respondents in the claim petitions, resisted and contested the claim petitions and following issues, on the pleadings of the parties, came to the framed in FAO No.367/2007: