( 1 ) APPELLANT I s husband on 1-7-63 at 10. 45 p. m. was driving his m/cycle on S. Patel Road. A truck, whose driver was Respdt. 1 and owner Respdt. 2, was standing on the road as its axle had broken. Though its front left wheel was on Kacha path its near portion blocked most of the left half of the road. The deceased was carrying 2 children. M/cycle dashed against the truck and all the 3 died. Claim was filed u/s 110 of M. V. Act. Tribunal held that deceased was guilty of contributory negligence and wag entitled to 1/3rd of the damages. Appellants appealed to High Court. ]. Para 7 onwards, Judgement is :

( 2 ) THE question that arises for consideration is whether the finding of the court below that the deceased contributed to the neglience is correct. The Tribunal has repelled the contention of the respondents before me that the deceased was drunk at the time of accident. The Tribunal has found that there was not an iota of evidence on the record before it to support this contention. The learned counsel for the parties have failed to bring to my notice any evidence which has been ignored by the Tribunal below, as such I endorse the finding that the deceased was at the t