Prakash Gupta, J. - (1.) THE instant appeal is directed against the award of Motor Accident Claims Tribunal, Jhalawar dated 18/11/2006 in claim case No. 280/2005 whereby the claims Tribunal has partly allowed the claim and passed an award of Rs. 1,90,000/ - in favour of the respondents against the appellants.
(2.) IN brief, the facts giving rise to this appeal are that on 27/06/2005 at about 07:15 PM a tractor bearing No. RJ -17 -R -4775, was allegedly, rashly and negligently being driven by the driver (appellant No. 1) of the said vehicle. An accident took place on 27/06/2005 at about 7:15 PM wherein one Balaram, the predecessor in interest of the respondents died. A reply to claim petition was jointly filed by the appellants wherein the manner in which the accident was stated to have occurred was denied. It was also stated that at the relevant time the tractor got punctured and was standing in front of the shop of a mechanic for repairing of the tyre and the deceased himself was negligent and he collided with the said tractor.
(3.) THE Insurance Company has filed a separate reply, wherein, the Insurance Company denied its liability.;