- (1.) The present appeal has been filed by the claimant-appellants, challenging the impugned Award dated 31.10.1995, passed by the learned Motor Accidents Claims Tribunal, Narnaul, (in short 'the Tribunal'), whereby the claim petition was dismissed. The brief facts of the case noticed in para 4 of the Award are reproduced as under:- On 12.7.1993, Madan Singh, now deceased, along with Ram Chander, now deceased, and Ved Parkash, injured was returning to their home in Tractor No. HR-34/1597. The said tractor was being driven by Lal Chand, respondent No. 1. AT about 6.30 PM, when the said tractor approached near village Mandola, the driver was driving the said tractor at a very high speed and in a zigzag manner. Bulla Ram and Ram Chander, other occupants of the tractor had asked the driver namely Lal Chand to driver the tractor slowly, but he did not pay any heed to their request and continued driving the said tractor at an uncontrolable speed and when the tractor reached near the well, known as Chowkiwala Kuan, the trolley of the tractor turned turtle and as such, the accident had taken place resulting in injuries to Madan Singh, Ram Chander and Ved Parkash. The injured were rushed to the CHC, Mohindergarh where Ram Chander had breathed his last and Madan Singh was referred to Medical Collage and Hospital, Rohtak, where he had died on 18.7.1993.
(2.) The claim petition was dismissed by the Tribunal by holding that the deceased and the injured were travelling on the tractor in question, which was not a vehicle meant for carrying passengers, therefore, neither driver nor the Insurance Company is liable to pay any compensation.
(3.) It is contended that the learned Tribunal erred in dismissing the claim petition only on the ground that the deceased and injured were travelling on the tractor in question, which is not a vehicle meant for carrying passengers. The deceased and the injured were the poor labourers. The tractor and the trolley was engaged by the Forest Department for transporting the plantation, manure and for carrying the labourers. The accident is proved on record. He prays for grant of adequate compensation.;