JUDGMENT (Dr. ARIJIT PASAYAT, J)

1. Leave granted.

2. Challenge in this appeal is to the judgment of a learned Single Judge of the Punjab and Haryana High Court dismissing the appeal filed against the award dated 4.2.2003 passed by Motor Accidents Claim Tribunal, Chandigarh (in short `Tribunal).

3. Background facts in a nutshell are as follows:

In an accident which took place on 16.11.1994 at about 10.00 p.m. K.C. Aggarwal (hereinafter referred to as the `deceased) who was sitting directly behind the driver lost his life. Balbir Singh (PW-1) was an eye witness to the accident. At the relevant time, he was standing in front of Mayur Dhaba near which the accident took place. He categorically deposed that the jeep was coming from Bilaspur side and was going towards Sunder Nagar at a very high speed. It was being driven by the driver in the middle of the road. He also stated that a truck was coming from the opposite side at normal speed. When the truck reached near the jeep, the driver of the jeep applied brakes, but because the jeep was being driven at a very high speed, it came to halt in the middle of the road. The back portion of the truck struck against the right side portion of t