- (1.) Challenge in this appeal is the award dated 12.12.1990 passed by Shri B.L.Singhal, Motor Accident Claims Tribunal, Sonepat vide which the claim petition preferred by the claimants in respect of death of Chander Bhan was accepted and a sum of Rs.57,600/- was granted in favour of the claimants along with future interest @ 12% per annum.
(2.) The brief facts of the case are that Chander Bhan aged 60 years was a shopkeeper and earning about Rs.2000/- per month was killed in an accident on 11.6.1989 when he was going on his cycle to Delhi to purchase the merchandise articles meant for his shop. When he was going on Buana road and was near Hanuman temple in the area of Ferozepur Bangar, tractor No.HRS 9832 rashly and negligently driven by respondent No.1 hit the deceased, who was going on his correct side and as a result of which he sustained fatal injuries. The occurrence was witnessed by Ran Singh and Om Parkash. The deceased was taken to hospital where he died. The accident was caused by rash and negligent driving by the tractor driver.
(3.) On notice, the respondents resisted the petition and alleged that the age of the deceased is given wrongly. Driver of the tractor was driving the tractor at a normal speed on his proper side. The factum of insurance has been admitted.;