S.S.Sudhalkar, J.

1. This appeal is filed by the Insurance Company, challenging the award of the Motor Accident Claims Tribunal, Kaithal which awarded the compensation to the respondent-claimants and the appellant was also made liable to pay the amount.

2. We have heard learned counsel for the appellant.

3. The Insurance Company has not denied the accident. However, it has contended that the deceased himself was driving the tractor. The case of the claimant-respondents was that the deceased was going from village Sirsal to village Barsana on foot about 7.00 PM when the tractor came from the side of village Barsana. It was driven by respondent No. 6, Mahi Pal in a rash and negligent manner and he could not control the tractor and hit against Krishan Lal. The tractor turned turtle and fell in the pits. Because of the injuries received in the accident by Krishan Lal, he died.

4. The driver and the owner of the tractor had filed the written statement admitting the factun of accident. However, their plea was that the accident had taken place by chance due to natural wear and tear and steering of the tractor became free suddenly and inspite of best efforts on the part of responde