- (1.)Heard learned counsel for the appellants and learned counsel for the respondent-Himachal Road Transport Corporation.
(2.)The appellants are claimants. They are aggrieved by the judgment and order under appeal whereby the High Court reversed the findings given by the Motor Accident Claims Tribunal (II) at Shimla in MACT No. 68-S/2 of 1995 and has set aside the Award dated 30.11.1998 whereby the appellants were allowed compensation of Rs.2,74,000/- including the interim compensation, if already awarded to them along with interest at the rate of 12% p.a. from the date of the claim petition.
(3.)According to the learned counsel for the appellants learned High Court was not justified in substituting its own findings in place of those of the Tribunal by disbelieving statement of PW.2 Shobha Ram and PW.6 Hemant Kumar. The main criticism of the High Court judgment is on the ground that the case should have been decided on the basis of preponderance of probabilities as was done by the Tribunal whereas High Court has required a much higher degree of proof as if it was dealing with a criminal trial. The order under appeal has also been criticized on the ground that reasonings are perverse and that the High Court failed to keep in view the apparent incorrectness of the defence plea which was of total denial of the case of the claimants that the bus of the respondent was involved in the accident with the motor cycle of the deceased and the deceased died due to such accident. The judgment of the High Court is further in criticism on the ground that the Court has not given due weightage to the fact that the bus and its driver were detained almost immediately after the occurrence and FIR was also registered against the driver.