- (1.) The present appeal is filed by the driver and owner of the illfated vehicle which caused the accident. In the appeal the appellants also filed an application C.M. No.16286-CII of 2010 invoking the provision under Order 41 Rule 27 of the CPC seeking permission to adduce evidence on the side of the appellants.
(2.) The claimants have presented the petition before the Tribunal alleging that respondent No.1 Sher Singh who was driving his tractor bearing No.HR35C-1347 offered lift to deceased Attar Singh and his son Sunil Kumar and they boarded his tractor. Respondent No.1 drove the tractor at a break-neck speed exhibiting rashness and negligence and as a result of which the accident took place in which Attar Singh who fell down from the tractor on the road was crushed by the wheels of the tractor anddied on the spot. The first information report was lodged by Sunil Kumar son of Attar Singh. He also figures as one of the claimants in the claim petition.
(3.) Prior to 27.2.2010, one witness was examined on the side of the claimants and on 27.2.2010, three witnesses were present and they were examined on the side of the claimants. The Tribunal closed the evidence on the side of the claimants on the said date and posted the case for evidence of the respondents on 8.3.2010. As no witness was present on the side of the respondents on 8.3.2010, the case was posted to 11.3.2010. On 11.3.2010 also there was no witness present on the side of the respondents the case was again adjourned to 12.3.2010. On that day only one witness on the side of the insurance company was examined. As no witness was produced on the side of the other respondents, the evidence on the side of the respondents was closed and the case was adjourned to 23.3.2010 for arguments. On hearing the arguments, the matter culminated in pronouncing of the award by the Tribunal.;