FAO No.1613 of 2010 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1613 of 2010 Date of Decision. 17.01.2011 Bijender son of Balwan and another ......Appellants Versus Brij Mohan son of Mangal aged 38 years and others ......Respondents Present: Mr. Sandeep Kotla, Advocate for the appellant. Mr. Ashish Yadav, Advocate for the respondents. Mr. Deepak Sonak, Advocate CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? -.- K. KANNAN J.(ORAL) 1. Delay of 1564 days in filing the appeal is condoned. 2. The appeal is against an award making the driver and owner responsible for the accident. The contention urged in appeal is that the deceased came under the rear wheel of the tractor-trailer and therefore, no negligence could be attributed to her. The fact she was not a pedestrian and she was alleged to have been sitting and talking on the road only means that a person, who is sitting could not have come in between and the negligence of the tractor running over a sitting person is too evident to require any further elucidation for finding the negligence of the driver. 2. The Tribunal has correctly considered the issue of negligence FAO No.1613 of 2010 -2- and the award passed against the driver/owner is, therefore, perfectly justified. 3. The appeal is, therefore, dismissed. 4. The amount which is deposited shall stand transmitted to the Tribunal and the claimant shall be at liberty to withdraw the same in part satisfaction of the award that has been passed in favour of the claimants. (K. KANNAN) JUDGE January 17, 2011 Pankaj*