SUDEEPTI SHARMA J.
1. The present appeal is preferred by the appellant-Subhash (owner of
the offending vehicle bearing registration No. HR-08-P-1577) against the award
dated 10.02.2015 passed in the claim petition filed under Section 166 of the Motor
Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Hissar (for
short, ‘the Tribunal’), on the ground that liability to pay the compensation to the
claimants/respondent Nos. 1 to 3 has been wrongly fastened upon the appellant.
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FACTS NOT IN DISPUTE
2. Brief facts of the case are that on 26.12.2012, deceased Gordhan had
gone with respondent No. 1 on tractor bearing registration No. HR-08-P/1577
(herein after to be referred as offending vehicle) to Adampur and at about 3.00
p.m. when they reached in Shiv Colony, Adampur, respondent No. I who was
driving the tractor asked deceased Gordhan to alight from the tractor, as the street
of Shiv Colony was in upper level than the road. Gordhan alighted from the tractor
and was standing on one side of the street. In the meantime, respondent No.1,
suddenly, carelessly, rashly and negligently drove the tractor and it turned turtle
over Gordhan, due to which Gordhan suffered multiple injuries. He was
immediately shifted to GH Hisar, where he was declared dead. The accident was
witnessed by Om Parkash son of Chandu Ram, resident of Kalirawan. Respondent
No.1 fled away from the spot leaving behind the tractor.