JUDGMENT

SHIVA KIRTI SINGH, J.

1. Heard learned counsel for the appellants and learned counsel for the respondent-Himachal Road Transport Corporation.

2. The appellants are claimants. They are aggrieved by the judgment and order under appeal whereby the High Court reversed the findings given by the Motor Accident Claims Tribunal (II) at Shimla in MACT No. 68-S/2 of1995 and has set aside the Award dated 30.11.1998 whereby the appellants were allowed compensation of Rs.2,74,000/- including the interim compensation, if already awarded to them along with interest at the rate of12% p.a. from the date of the claim petition.

3. According to the learned counsel for the appellants learned High Court was not justified in substituting its own findings in place of those of the Tribunal by disbelieving statement of PW.2 Shobha Ram and PW.6Hemant Kumar. The main criticism of the High Court judgment is on the ground that the case should have been decided on the basis of preponderance of probabilities as was done by the Tribunal whereas High Court has required a much higher degree of proof as if it was dealing with a criminal trial.

The order under appeal has also been criticized on the ground that rea