- (1.) ON May 14, 1976, Madan Lal Sharma, Radio Operator at the Aeronautical Communication Station, Raja Sansi, Airport, Amritsar was going to Amritsar on a scooter. Mr. Tarlok Singh was with him on the pillion seat. There was an accident with a bus proceeding towards Ajnala on the Amritsar-A jnala road, Madan Lal Sharma was run over and killed at the spot. His widow and four children filed a claim before the Motor Accident Claims Tribunal, Amritsar The Tribunal found that the death of Mohan Lal Sharma was caused by rash and negligent driving of bus No. PNO 2720 by Kuidip Singh respondent. It further found that Madan Lal Sharma had contributed to the accident by his negligence. The Tribunal found that Madan Lal Sharma would have contributed Rs. 1,02,528/ -. Keeping in view of the negligence of the deceased, a total compensation of Rs. 53,704/- only was awarded to the applicant. The liability of the Insurance Company was limited to the extent of Rs. 50,000/ -. The claimants were also held entitled to the payment of interest at the rate of 6% per annum from the date of award till the realisation of the compensation amount.
(2.) AGGRIEVED by this award, the owner of the vehicle as well as the Insurance Company riled an appeal. The claimants filed cross objections. The learned Single Judge held that the cause of the accident lay wholly with the deceased and consequently the finding of negligence recorded by the Tribunal against the Bus driver cannot be sustained. "as a result, it was held that the claimants were not entitled to any compensation. Accordingly, the appeal was accepted and the 'x' Objections were dismissed. Aggrieved by this judgment of the learned Single Judge, the claimants have come up in the present Letters Patent Appeal.
(3.) WE have heard Mr. S. C. Sibal for the appellants and Mr. Ashok Aggarwal for Respondeat No. 2. The primary contention raised by the learned counsel for the appellants is that the learned Single Judge has erred in reversing the award of the Tribunal and that the well reasoned finding recorded by the learned Tribunal could not have been reversed in view of the evidence on record.;