VINOD K.SHARMA, J. - (1.) BY way of present appeal the challenge is to the award dated 1.3.2004 passed by the Motor Accident Claims Tribunal, Barnala (for short the Tribunal') granting compensation to the tune of Rs. 7,51,635 to be paid in equal shares to the claimants. The Tribunal further granted costs and interest @ 9% per annum from the date of claim petition till realisation.
(2.) THE claim petition was filed by the claimant-respondents against Sukhdev Singh and Avtar Singh, the appellants herein, on account of death of Sukhpal Singh in a road accident on 25.5.2000. It was alleged in the claim petition that on 25th of May, 2000 in the evening Sukhpal Singh along with Sadhu Singh were going on a scooter from Sekha towards Pharwahi and when they were near Pharwahi, they sighted Sukhdev Singh while coming on a tractor HMT 5911 bearing registration No. PB-16/1231 along with plough. When the tractor took a turn on reaching the road, then plough swung towards the deceased and sharp edge of the plough hit the deceased on his neck and other parts of the body. As a result thereof, Sukhpal Singh and Sadhu Singh fell down from the scooter which was also badly damaged. The accident was witnessed by Bogar Singh, Darshan Singh and Kuldeep Singh.
(3.) IT was claimed by the claimant-respondents herein that Sukhdev Singh alias Goria succeeded in running away from the spot with the tractor towards village Pharwahi. The eye witnesses Bogar Singh and others requested Sukhdev Singh to take injured to the hospital, he stated that firstly Sarpanch Mohinder Singh was to be informed. After some time Shri Sukhdev Singh alleged to have come back and told that Mohinder Singh Sarpanch has been informed and he would be coming shortly and thereafter the injured would be shifted to the hospital.;