( 1 ) WHO was driving the car when the tragic accident occurred the owner driver from whom compensation is claimed or his friend and co-traveller Ranvir who died on the spot and whose dependents claim compensation ? The owner driver admits that he was no doubt at the wheel on the ill-fated day at the commencement of the trip but says that he got down from the car and made over the steering wheel to the deceased just before the accident occurred. The Motor Accident Claims Tribunal has believed this theory and denied compensation. Hence this appeal by the dependents of the deceased which arises in the circumstances outlined hereafter.

( 2 ) AN application for compensation claiming a sum of Rs. 75 0 was made by the parents a 24 year old widow and a posthumous child of one Rudraditya alias Ranvir aged about 24 who died in the course of a motor car accident which occurred on the night of 22/11/1974 at about 10. 30 or 10. 45 p. m. when he was traveling in a FORD COTINA car (No DLX 942) belonging to respondent No. 1 Jyotindra Chimanlal Parikh. They were going towards Viramgam and the accident occurred on account of the fact that the rear portion of the car dashed against