C. Y. SOMAYAJULU, J.

( 1 ) THE case of the appellant is when he was proceeding as a pillion on the scooter of his brother, a military jeep bearing No. 84 B 36360-Y came in their opposite direction in a rash and negligent manner and dashed against that scooter, resulting in injuries to him. He sought Rs. 2,00,000 as compensation from the respondents- the owner of the jeep. Respondents filed a common counter admitting the accident and contending that the accident occurred only due to the negligence of the driver of the scooter who was not having a driving licence. Appellant examined himself as P. W. 1 and marked Exs. A1 to A5. No evidence, either oral or documentary, was adduced on behalf of the respondents. Holding that the appellant failed to establish that the accident occurred due to the rash and negligent driving of the driver of the jeep the Tribunal dismissed the op, even without giving a finding on the quantum of compensation to which the appellant would have been entitled to, had the accident occurred due to the rash and negligent driving of the driver of the jeep. Hence, this appeal by the claimant.

( 2 ) THE points that arise for consideration are (i) whether the accident o

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