1. The appellant Dharam Chand filed a claim before the Motor Accidents Claims Tribunal, Punjab, Chandigarh, in respect of a fatal accident to his son Jagdish Chander, aged 10 years, alleged to have been caused by the rashness and negligence of Shiv Pat (respondent No. 1), who was driving the tractor belonging to Amin Chand, Lambardar of village Azimgarh (respondent No. 2), while respondent No. 3, is the insurance company. The claim having been dismissed by the learned presiding officer of the Tribunal, Dharam Chand has appealed.

2. There is no dispute that on the 20th August, 1960, while Shiv Pat was driving the tractor of Amin Chand, Jagdish Chander, son of the appellant, came under it and was fatally injured. The claim application stated that according to the Police report, of which a copy was enclosed, the deceased died by an accident with a tractor and according to the post mortem report he died due to the accident and injuries from the wheel of the tractor. The post mortem report was also enclosed. The respondent, of course, resisted the claim. Now the curious feature of this case is that according to the Police report of the 20th August, 1960. which was made at Police