ORDER

1. Delay condoned.

2. Substitution allowed.

3. Application for abatement is set aside.

4. Leave granted.

5. This appeal is directed against the judgment and order dated 20.5.2004 passed by a Division Bench of the Punjab and Haryana High Court at Chandigarh whereby and whereunder the Letters Patent Appeal preferred by the appellant herein from the judgment and order dated 9.10.2000 passed by the learned Single Judge in the said F.A.No. 2627 of 1998 was dismissed.

6. One Balwant Singh filed an application claiming a sum of Rs. 10,00,000/- (Rupees Ten Lakhs) by way of compensation for death of his son Virender Singh in an accident which took place on 5.2.1997. The owner of the vehicle contested the said claim. Appellant herein, inter alia, raised a contention before the Tribunal that the driver of the vehicle, namely, Karan Arora was a minor on the date of the accident and was not holding a valid and effective driving licence and thus it was not liable to reimburse the owner of the vehicle.

7. In view of the aforementioned stand taken by the appellant inter alia the following issue was framed:

Whether the accident resulting in death of Virender Singh alias Rinku, took place due