Rakesh Kumar Garg, J. - (1.) THIS judgment shall dispose of FAO Nos. 1913 and 2886 of 2012 and Cross Objections Nos. 86 and 88 -CII of 2012 as both the appeals as well as cross objections have arisen out of one common Award dated 19.10.2011 of the MACT, Panipat in Claim Petition No. 162 of 2011 which has been filed by the claimants for grant of compensation on account of death of their son Satyam Pandey as a result of motor vehicular accident caused due to rash and negligent driving by Balwant Singh, driver of the offending vehicle i.e. tractor No. HYD -2094, owned by Deep Chand, respondent no. 5 in FAO No. 1913 of 2012, which was duly insured with the appellant -Reliance General Insurance Company Ltd.
(2.) ACCORDING to the claimants, on 15.9.2009, deceased Satyam Pandey after attending the morning shift in Government Polytechnic College, Manesar, (where he was student of IInd Year of Diploma of Automobiles) was present in front of his college along with his classmate Sandeep Sharma. They took lift on aforesaid tractor bearing No. HYD -2094. Said tractor was carrying a trolley loaded with bailies (battens). Both of them sat on separate mud -guards of the tractor which was being driven by its driver i.e. respondent -Balwant Singh negligently and rashly. When the tractor reached about one kilometer away from the college, the driver lost control and the tractor fell in a ditch after hitting tree. The deceased Satyam Pandey came underneath the rear tyre of the tractor and received injuries. The deceased was shifted to Pushpanjli Hospital, Gurgaon and from there, he was brought to Government Hospital, Gurgaon, but was declared dead. Sandeep Sharma also received minor injuries. FIR No. 199 dated 15.9.2009 was registered in Police Station Manesar, District Gurgaon for rash and negligent driving of driver, Balwant Singh. It was also averred that at the time of accident, deceased was 18 years of age. He was student of 2nd Year of Automobile Diploma in Government Polytechnic College, Manesar, Gurgaon. He used to give tuitions to other students and earn Rs. 4,000/ - per month. A sum of Rs. 30,000/ - was claimed as funeral expenses. Further, a sum of Rs. 20 lacs was claimed as compensation by the parents, being the legal heirs of the deceased. The driver of the vehicle controverted the claim of the claimants. The accident was denied stating that a false case was got registered against him in collusion with the local police with a view to extract compensation. It was pleaded that no accident had taken place with tractor No. HYD -2094 driven by him. It was further averred that the tractor was not owned by Dilbag Singh, respondent no. 4, at the time of accident and Deep Chand son of Shiv Narain was the owner thereof on the date of accident. It was also stated that the claimants were not entitled to any compensation. It was further pleaded that Balwant Singh, respondent no. 3, was driving the tractor at a moderate speed by observing traffic rules but suddenly a wild cow came in front of the tractor and in order to save it, he applied the brakes, due to which the tractor got imbalanced and turned turtle in the pit adjacent to the road. In this way, respondent Balwant Singh was not at fault and the accident might have taken place with another vehicle.
(3.) DEEP Chand, respondent no. 5, filed separate written statement disputing the claim of the claimants stating that no accident took place with the tractor in question and a false claim was filed. It was further submitted that respondent no. 4 had sold the tractor to respondent no. 5 and the same was also transferred in his name and thus, he was the registered owner of the tractor, however, it was denied that he was liable to pay the compensation. All other averments were denied.;