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