Appellants filed a claim petition seeking compensation of Rs. 2,00,000/- from respondents alleging that their son-Ayub Basha (the deceased), aged 24 years earning Rs. 1600/- p.m., a van driver, died as a result of an accident, as the van being driven by him was dashed against by a lorry belonging to 151 respondent and insured with 2nd respondent, due to the rash and negligent driving of its driver.

2. 1st respondent chose to remain ex parte both in the Tribunal and in this Court.

3. 2nd respondent filed its counter putting the appellants to proof of the averments in the petition.

4. In support of their case, 1st appellant examined himself as P.W.1 and another witness as P.W.2 and marked Exs.A-1 to A-4. No evidence either oral or documentary adduced to behalf of 2nd respondent.

5. Holding that the accident occurred due to 50% negligence of the deceased and 50% negligence of the driver of the lorry, the Tribunal awarded Rs. 40,000/- as compensation to the appellants. Dissatisfied with the compensation awarded to them, the claimants preferred this appeal.

6. The points for consideration:

1. Due to whose negligence did the accident occur?

2. To what compensation are the appellants entitl