Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. This appeal is directed against a judgment and order dated 22.8.2005 passed by the High Court of Himachal Pradesh, Shimla in FAO No.127 of 1999 whereby and whereunder an appeal preferred against a judgment and award dated 28.10.1998 passed by the Motor Accident Claims Tribunal-II [MACT (I), Nahan] in MAC Petition No.21-NL/2 of 1997, was set aside.

3. One Jawala Ram, husband of the first appellant herein, was a Police Constable. He was posted at Police Station Dharampur. On 11.2.1997 at about 7 or 8 am, he was standing near the shop of one Chand Kishore. A bus bearing registration No.HP-14-3596 owned by the first respondent was parked there. The second respondent Vijay Kumar was the driver and the third respondent Om Dutt was the conductor of the aforementioned bus. Allegedly, the driver of the bus, Vijay Kumar, reversed the bus without blowing any horn as a result whereof Jawala Ram died on the spot. Allegedly, conductor also did not bother to check whether any person was standing behind the bus.

4. Respondents, however, denied and disputed occurrence of the said accident. According to them, the deceased died the previous evening and f