D.S. Tewatia, J. - (1.) CLAIMANT -Appellant Sushila Devi widow of Brahma Parkash and Bablu minor son of Brahma Parkash claimed a sum of rupees two lacs by way of damages caused by the Respondents on account of death of Brahma Prakash aged 26 years in an accident with D.T.C. Bus No. DHP -3371 driven by Karam Singh (R. W. 3) on 26th June, 1981 at 9.00 A.M. in front of Agriculture Office on Rewari -Narnaul Road. The claim petition was dismissed by Motor Accident Claim Tribunal. Hence the present appeal.
(2.) THE claimants examined inter alia P. W. 6 Ram Kumar and Radhey Shyam as the eye -witnesses of the occurrence while on behalf of the Respondents besides the conductor and driver of the bus, namely, R.W. 1 Daya Nand and R. W. 3 Karam Singh, Ram Pat an alleged passenger in the bus at the time of accident was also examined as R.W. 2. The stand taken by the Respondents was that at the time of accident a truck happened to be proceeding ahead of the scooter blocking the view of the bus driver Karam Singh Respondent of the scooterist when the latter took a right run. The deceased scooterist, who was coming from the opposite direction towards the offending bus, took a sudden turn to the right towards the Agriculture Office where he was employed as Agriculture Development Officer in the Agricultural Department ; that the bus was proceeding at a slow speed and despite all efforts and applying brakes the accident could not be stopped and that the accident occurred as a result of the negligence of the deceased.
(3.) THE pleadings of the parties led to framing of as many as 8 issues. The Tribunal after giving its findings on issue No. 2 in favour the Respondents dismissed the claim petition and did not examine the other relevant issue regarding the quantum of compensation. Primary issue in the present case no doubt is issue No. 2 which is in the following terms: 2. Whether the automobile accident resulting in the death of Brahma Parkash took place on account of negligence, reckless or any other fault on the part of driver of bus No. DHP -3371 as alleged.;