HARMESH LAL Vs. GURMEET KAUR AND OTHERS

JUDGEMENT

(1.) The present appeal has been directed against the award dated 17.5.2011 passed by the Motor Accident Claims Tribunal, Shaheed Bhagat Singh Nagar (in short "the Tribunal") whereby compensation has been awarded in favour of Gurmit Kaur, respondent No. 1 in regard to death of her son namely Balbir Singh son of Sat Pal in a motor vehicular accident on 19.4.2009.

(2.) The facts relevant for disposal of the present appeal are that Gurmit Kaur preferred claim for compensation on the premise that the deceased alongwith Harmesh Lal went to the fields of Mohan Singh for loading and unloading animal feed (Turi). While they were coming to Barnala Kalan, respondent No. 1 was driving tractor bearing No. PB-04-B- 1605 and the deceased was sitting besides the driver, along with his father, at Mudguard of the tractor. When they reached near the drain bridge of village Barnala Kalan, due to rash and negligent driving of respondent No. 1, the deceased fell down from the tractor and rear tyre of the tractor ran over him and he died on his way to PGI Chandigarh. DDR No. 29 dated 19.4.2009 was registered in Police Station, City Shaheed Bhagat Singh Nagar.

(3.) The deceased is stated to be 23 years old, doing agriculture labour and also running dairy farming and earning Rs. 10,000/- per month. Harmesh Lal, appellant-respondent filed the reply and, in turn, raised objection that the petitioner is estopped by her act and conduct from filing the petition. Satpal, father of the deceased got recorded in the proceedings under Section 174 of the Code of Criminal Procedure that Balbir Singh was voluntarily riding the mudguard of the tractor and had fallen from the tractor by himself and got crushed under the tyres of the tractor despite best efforts of the driver to apply brakes to save life of Balbir Singh. Balbir Singh was working for Mohan Singh of village Barnala Kalan and Satpal and his family were paid Rs. 1,00,000/- as ex gratia compensation by the Market Committee, Nawanshahr. The deceased climbed mudguard of the tractor and sat there inspite of objection of the driver. He has denied that he is the registered owner of the tractor in question.