Jaishree Thakur, J.

This appeal seeks to challenge the award dated 3.12.2003 passed by the Motor Accident Claims Tribunal, Hoshiarpur, wherein the Insurance Company has been given right to recover the amount of compensation given the claimants on account of death of Baldev Singh.

2. In brief, the facts are that on 8.10.2000 deceased Baldev Singh, went to village Deorha (HP) on SonaLika Tractor Trolley which was being driven by Ajay Kumar appellant No.1. One labour Ravinder Singh was also on the tractor-trolley. They left for Hoshiarpur in order to sell the safeda wood loaded in the tractor-trolley. Both Baldev Singh and Ravinder Singh were sitting on the left mudguard. At about 7 p.m. when the tractor-trolley reached in the area of village Barthind (Jharing) near Chambwala Choe (rivulet) bridge, the tractor trolley after crossing the rivulet water, was ascending and the front portion of the tractor was uplifted and as a result of which Baldev Singh fell down and came underneath the left tyre of the tractor and died on the spot. Alleging that the accident in question had taken place due to carelessness and negligent driving of appellant No.1, FIR No. 32 dated 19.3.2001 under Section 279/304-A IPC was registered at Police Station Mukerian, District Hoshiarpur on the basis of the statement of Darshana Devi widow of Baldev Singh and also filed a claim petition, claiming compensation on account of death of Baldev Singh. Appellant No.1 (driver of the tractor/trolley), the New India Insurance company, Dasuya, Mohinder Singh, Baldev Singh, Joginder Singh and Des Raj (owners of the offending tractor trolley) were arrayed as respondents No. 2 to 6 respectively.

3. On notice, appellant No.1 filed the written statement raising preliminary objections that the appellant was neither the owner nor the driver of the tractor at the time of accident and he has been unnecessarily been dragged in the present proceedings and Mohinder Singh, Joginder Singh, Des Raj and Sunil Kumar are the necessary parties being owners and driver.

4. Respondent No.2 New India Assurance Company Limited also filed written statement taking preliminary objections that the claim petition is bad for non-joinder of necessary parties; that the offending tractor was being driven by a driver who did not hold a valid driving licence and the claim petition has been filed by the claimants in collusion with respondent No.1 to get compensation from the insurance company.

5. On the pleadings of the parties, the following issues were framed by the Tribunal on 12.8.2003.

1. Whether Baldev Singh died in motor vehicle accident which took place on 8.10.2k at about 7.00 p.m. In the area of village Barhing (Jharing) due to rash and negligent driving of the offending Sopnalika (international) A.F. Tractor Trolley by Ajay Kumar respondent no.1? OPA

2. Whether the respondent No.1 was not having any valid driving licence at the time of accident? OPR-2

3. Whether the present claim petition is bad for non-joinder of necessary party? OPR-2

4. Whether the present claim petition is not maintainable? OPR-2

5. To what amount of compensation, the claimants are entitled and from whom? OPA

6. Relief.

6. After scrutiny of the evidence brought on record, the Tribunal, while deciding issue No.1, held the accident took place due to rash and negligent driving of the offending vehicle being driven by Ajay Kumar appellant No.1 herein, while further deciding issue No.2, it was held that Ajay Kumar appellant No.1 was not holding a valid driving licence. Issues No. 3 and 4 were also decided against the insurance company. While deciding issue No. 5, the Tribunal awarded compensation of Rs. 2,04,000/- in favour of the claimants and it was ordered that at the insurance company shall be entitled to recover the amount of compensation to be paid by it from the owners of the offending tractor. This is how the said award has come to challenge in the instant appeal by the owner of the offending tractor, wherein right of re