S.B.SAKRIKAR,J. - (1.)THIS appeal is directed against the award dated 24.1.1990 passed by Motor Accident Claims Tribunal, Rewa in Claim Case No. 69/1987 whereby the learned Tribunal awarded total compensation of Rs. 15,000/- with 12% interest per annum from the date of filing of claim petition till realisation of the amount in favour of the respondent and against the appellants.
(2.)THE facts of the case are that on 6.4.1987 at about 7.00 to 8.00 a.m., appellant No. 1 Hanumandas was going to Rewa from Gudh-Rewa road on the Motor-Cycle No. CPA-4756, which was registered in the name of appellant No. 2 Tejbali Chourasia. Near village Khadda, appellant Hanumandas gave a dash to claimant/respondent Tersi Bai, when she was going towards village Khadda from the left side of the road, which resulted in the serious injury to the right leg of said Tersi Bai. Because of the aforesaid accident, tibia and fibula bone of the right leg of claimant Tersi Bai got fractured and after the treatment there was 30 to 40% permanent disability found in the right leg of Tersi Bai. Tersi Bai filed a claim petition for award of the compensation for the injuries caused to her in the alleged accident before the Claims Tribunal, Rewa. The claim petition was resisted by the appellants mainly on the ground that appellant Hanumandas did not give a dash to Tersi Bai on the date of the incident by motor cycle No. CPA-4756. He did not know the driving of motor-cycle and he was not responsible for the alleged accident. The learned Claims Tribunal, on the basis of the evidence recorded in the case, allowed the claim petition and awarded compensation of Rs. 15,000/- in favour of the respondent. Being aggrieved by this award, the present appellants have filed this appeal.
In the appeal memo and during the course of arguments, the main contention raised on behalf of the appellants is that from the evidence on record, it is not proved that the alleged accident occurred as a result of the dash given by Hanumandas caused due to the rash and negligent driving of motor-cycle No. CPA-4756.

(3.)IN the written statement filed on behalf of the appellants/non-applicants, it is specifically denied that on the date of the incident appellant No. 1 Hanumandas was driving Motor-Cycle No. CPA-4756 from village Kjajuha to Rewa and gave a dash to Respondent Tersi Bai resulting in the serious injuries to her right leg. The appellants specifically stated that on the date of the incident, Hanumandas was in Rewa and appearing in the High School Examination, which was scheduled between 7.30 a.m. to 10.30 a.m. It was also alleged that on the date of the incident, the motor-cycle was not in the running condition and it was given to mechanic Anwar Ali (D.W. 2) for repairs.