JUDGMENT :

PRAVEER BHATNAGAR, J.

1. The instant appeal under Section 173 of the Motor Vehicles Act, 1988 (afterwards referred as ‘Act of 1988’) has been filed by the appellant against the judgment and award dated 17.01.2013 passed by the Motor Accident Claims Tribunal, Siker (afterwards referred as ‘Tribunal’) in MAC Case No. 12/2011, whereby, the learned Tribunal has awarded a sum of Rs. 5,15,000/- as compensation alongwith interest @ 8.5% per annum from the date of filing claim petition i.e. 16.12.2010.

2. Brief facts of the case are that on 18.08.22010 at about 11:00 AM when deceased Sitaram was going towards Bhagdio Ki Dhani from Panchota, a Tractor bearing No. RJ-23-RA-4620, being driven rashly & negligently by its driver, hit the deceased from back side, as a result of which, Sitaram sustained grievous injuries and succumbed to death. An FIR was lodged and after investigation police submitted challan against driver of the offending vehicle.

3. A claim petition to this effect was filed by the claimants for award of compensation.

4. The claim petition was contested by the respondents by filing reply denying the averments made in the claim petition.

5. On the basis of pleadings of the