DESH RAJ Vs. KHUSHI RAM

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act has been filed by the owners against the award of the Motor Accidents Claims Tribunal (2), Una in M.A.C. Petition No. 36 of 1997; decided on 23.2.2001.

(2.) The facts which are not in dispute are that the claimants are the parents of the deceased Gurpal Singh. Gurpal Singh along with one Chint Ram was travelling on tractor No. HP-20 4765 which is owned by the appellants. This tractor was being driven by Ram Kumar. Admittedly, the tractor met with an accident on 13.12.1996 at village Jhangoli, Tehsil Amb, District Una. Chint Ram died on the spot and Gurpal Singh suffered injuries who was shifted to PGI, Chandigarh and died later on. The claimants filed a claim petition under section 166 of Motor Vehicles Act in which it was alleged that the deceased had been hired as a mason by Chint Ram and Chint Ram had hired the tractor in question for carriage of iron (saria) from Mubarakpur. According to the claimants Chint Ram and Gurpal Singh were sitting on the saria on their return journey when the accident had occurred.

(3.) It would be pertinent to mention that the driver and owners filed a common reply. In this reply, it was alleged that the owners are big landlords of the village and they were raising construction for stacking fodder and agricultural equipment. According to the reply the driver had loaded some agricultural implements and some other materials in the tractor to be used for construction for the purpose of stacking fodder and was coming to the village. In this reply, it was stated that the deceased was engaged as a labourer with the tractor.