Judgment

Arun Mishra, J.

Leave granted. The appeal arises out of judgment and order passed by the High Court of Punjab & Haryana at Chandigarh in FAO No.862 of 1997 thereby dismissing the appeal filed by the claimants assailing the award dated 8.1.1997 passed in M.A.C.T. No.18/1994.

2. The claimants preferred petition under section 166 of Motor Vehicles Act on account of death of Mulakh Raj, aged 25 years, who died in an accident involving Bus No.CH-01-G-5152. He boarded the said bus from Una for Delhi. Near Kotli about 5 kms. before Anandpur Sahib the bus dashed a stationary tractor trolley and thereafter struck against a eucalyptus tree and turned turtle. It was driven rashly and negligently by Gurlabh Singh, owned by Chandigarh Transport Undertaking. The deceased was the sole bread winner of the family, used to earn Rs.4552 per month, was a Headmaster and in addition used to earn Rs.1000 per month from agriculture.

3. The respondent driver contested the claim petition and contended that the accident was not the outcome of rash and negligent driving but due to a sudden breaking of belt of spring the accident took place. He was not at fault.

4. The Transport Undertaking in a separate s