SUDEEPTI SHARMA, J.

1. The present appeal has been filed by the appellants/driver-cum-owner of the offending vehicle against the award dated 01.11.2021 passed in a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the Motor Accident Claims Tribunal, Jind (for short, 'the Tribunal'), wherein appellant/driver-cum-owner of the offending vehicle was fastened with the liability to pay the compensation of Rs.21,31,900/- to the respondents No.1 to 5/claimants along with interest @ 7.5% per annum on account of death of Ram Mehar in a Motor Vehicular Accident, occurred on 27.11.2018

BRIEF FACTS OF THE CASE

2. Brief facts of the case are that on 27.11.2018, Ram Mehar (since deceased) along with Suresh (PW2) son of Om Parkash, resident of Shiv Puri Colony, Jind, Vinod son of Karam Dass, resident of Badsikri and Satish son of Dhanpat, resident of Raj Nagar, Daya Basti, Jind had gone to load dry fodder from village Churpur on Tractor No.HR-31H-8428. After they had collected the fodder and had loaded it into the Tractor, they started back for Jind. It is the case of the claimants that Ram Mehar was sitting on the right side mudguard of Tractor, which was being driven by respondent No.1 Pawan Kumar in rash and negligent manner and at a high speed. Driver of Tractor i.e. Pawan Kumar on account of reckless driving lost control over his vehicle, as a result of which, the Tractor turned turtle. The passersby who gathered near the site pulled out Ram Mehar and other injured who had slid underneath the Tractor. It is also the case of the claimants that all the passengers sitting on the Tractor had requested Pawan Kumar many a times to slow down the pace and to drive the vehicle in accordance with the traffic norms, but he did not pay any heed. Unfortunately, in the accident, Ram Mehar suffered multiple serious injuries, could not bear the brunt of those injuries and passed away while being rushed to General Hospital, Jind. Other injured were also shifted to General Hospital, Jind but on account of delicate medical condition, Satish and Suresh were referred to PGIMS Rohtak. Police authorities were intimated, who reached General Hospital, Jind, recorded statement of eyewitness Suresh (PW2), on the basis of which, a formal case vide FIR no.164 dated 28.11.2018 u/s 279, 337 and 304-A of Indian Penal Code was registered at Police Station, Alewa. Claimants who are heart broken wife, minor children and parents respectively of deceased have specifically averred that the accident in question had taken place due to rash and negligent driving on the part of respondent No.1 who was driving vehicle i.e. Tractor No.HR31H-8428 in reckless manner It is further their stand that deceased a young man of 35 years of age was a labourer by profession and was earning Rs.20,000/- per month. They all were dependent upon him for their livelihood and sustenance. Due to his unfortunate death, not only financially but emotionally as well they have suffered irreparable loss and have been deprived of his love and affection for all times to come. Claimants also claimed to have spent Rs.1 lakh on transportation and performing last ceremonies of deceased. With this backdrop, claimants claimed compensation to the tune of 60/- lakh with ₹ interest @ 18% per annum thereon from the date of filing of petition till its realization.

3. Upon notice of the claim petition, respondents therein appeared and contested the claim petition by filing separate written statement denying the factum of accident/compensation.

4. From the pleadings of the parties, the Tribunal framed the following issues:-

1. Whether the accident in question was caused by respondent No.1 while driving Tractor bearing registration No.HR-31H-8428 in a rash and negligent manner causing death of Ram Mehar son of Raja Ram, as alleged?OPP.

2. If issue No.1 is proved, whether the petitioners are entitled to any compensation and if so, to what extent and from whom? OPP.

3. Whether the re