( 1 ) THIS appeal is directed against the order of the Motor Accident Claims Tribunal dismissing the claim of the appellants preferred under section 110-A of the Motor Vehicles Act.

( 2 ) ONE Bachan Ram, husband of appellant No. 1 son of appellant No. 2 and father of appellants 3 and 4 was stated to have died as a result of truck bearing registration No. DLG 3367 belonging to respondent No. l, driven rashly and negligently by respondent No. 2 and insured with respondent No. 3 having struck down the said Bachan Ram on September 30, 1963, on the Grand Trunk Road (Delhi-Karnal Road) at about 5. 00 P. M. near about Azadpur Village. The deceased was stated to be 35 years old. He was a grass cutter who is stated to have had an income of Rs. 120. 00per month. The insurance company had denied the factum of insurance. Respondent No. 1 had admitted to be the owner of the said truck but had denied the accident. Respondent No. 2 had admitted that he was a driver employed by respondent No. 1 but had denied the accident. On the pleadings of the parties the Tribunal had framed the following issues:-

1. Whether the accident, if any resulting into death of Bachan Ram, was caused due to