- (1.) The claim petition filed by the appellants was dismissed by the Tribunal on the ground that it was not proved that the accident had been caused by respondent No.1 while rashly and negligently driving tractor No.HR-40B-4318. The appellants challenged the award and prayed for grant of compensation.
(2.) Learned counsel for the appellants argued that Arshdeep Singh, PW2, who was an eye witness, categorically deposed that on the fateful day, he, Jassa Singh alias Jaswinder and Jagtar Singh were present in the dera when they came to know that there was a snake in the field. Jassa Singh immediately rushed to the field to kill the snake and when he reached near the metalled road, respondent No.1 while driving the above said tractor came on the wrong side of the road and hit Jassa Singh, who succumbed to his injuries in PGI, Chandigarh. Despite that, the Tribunal held that it was not proved that Nirmal Singh had caused the accident. It was also contended that in the written statement itself, the driver and owner had admitted the accident and, therefore, it could not have been held by the Tribunal that the accident was not proved.
(3.) Though it can be taken from the pleadings of respondents No.1 and 2 that they had admitted the accident but it was their defence that the deceased had come running on the road in front of the tractor and he was solely negligent and was responsible for his death. The accident was not caused due to any fault on the part of respondent No.1. It was, therefore, the appellants who had to prove that Jassa Singh died in an accident, which was caused due to the negligence of respondent No.1.;