Rajendera Nath Mittal, J. - (1.) THIS is an appeal by the claimants against the order of Motor Accident Claims Tribunal dated April I, 1971, whereby their claim application for recovery of Rs. 50,000/ - has been dismissed.
(2.) BRIEFLY the case of the claimants is that Lal Bahadur was going on his cycle after coming out from the Assembly Building when he was struck by the bus belonging to Union Territory, Chandigarh, Lal Bahadur fell down and received serious injuries on account of which he later on died. The claimants who are father and sister of the deceased filed a claim petition before the Motor Accident Claims, Tribunal on the ground that the bus was being driven rashly and negligently by Joginder Smgh driver. They claimed compensation amounting to Rs. 50,000/ -. The claim was contested by respondent No. 2 which inter alia pleaded that the bus was being driven by the driver at a low speed, that the deceased suddenly emerged from behind a standing bus and struck against the offending bus. It is further pleaded that there was no negligence on the part of the driver of the bus. On the pleadings of the parties, the following issues were framed by the Tribunal : 1. Whether the accident took place due to the negligence of the deceased or that of the Bus driver ? 2. To what amount of compensation are the claimant entitled and from whom ? Relief. 3. It held that the claimants had failed to prove that the accident took place due to the negligence of the driver of the bus. On the question of compensation, it came to the conclusion that Rs. 5,000/ - would be an adequate amount. In view of the finding on issue No. 1, it dismissed the claim petition. The claimants have come up in appeal to this Court.
(3.) THE first contention of the learned counsel for the appellants is that the accident took place on account of rash and negligent driving of Joginder Singh driver. He argued that the Tribunal erred in disbelieving the statements of Tilak Ram P.W. 4 and Milkhi Ram P.W. 5.;