- (1.) This is an appeal by driver and owner of tractor bearing registration No. HR-02-T-4607 against the award dated 13.5.2010 passed by the Motor Accidents Claims Tribunal, Jagadhri (for short, "the Tribunal") vide which a sum of Rs. 4,82,500/- has been awarded as compensation to the claimants and the owner and driver of the tractor have been jointly and severally held responsible for satisfaction of the award and the Insurance company has been exonerated from its liability to indemnify the insured. The facts necessary for disposal of this appeal are as under: On 24.12.2008, Raj Kumar, after parking his mule-cart near the building of State Bank of Patiala, Bilaspur, went to answer the call of nature by the side of the road. In the meanwhile, a tractor trolley bearing registration No. HR-02-T- 4607 loaded with sand came from the side of Kapal Mochan. It was driven by Mam Chand, respondent No.1. The tyre of the tractor went out of its place and had hit Raj Kumar as a result of which, he sustained grievous injuries. He was removed to Sanjeev Hospital, Bilaspur from where he was brought to Goel Hospital, Jagadhri. He was subsequently referred to P.G.I., Chandigarh but he succumbed to his injuries on the way to PGI.
(2.) Respondents No. 1 and 2 by way of their joint written statement have denied the very accident to have occurred involving tractor No. HR-02-T-4607.
(3.) Respondent No. 3, the insurance company has also denied the accident to have occurred involving the said tractor. It is, however, pleaded in the alternative that the claim petition has been brought in collusion with respondents No. 1 and 2.;