1. :- This judgment will dispose of two appeals viz. S.B. Civil Misc. Appeal No. 29/83 and S.B. Civil Misc. Appeal No. 65/83. These appeals arise out of an award passed by the Accident Claims Tribunal Udaipur, on 31-7-1982.

2. Aggrieved by the award, appeal No. 29/83 has been filed by Sampat Lal, owner of the Bus RJI 3515 and Ramjiwan the driver of the vehicle. Another appeal No. 65/83 has been filed by the insurer of the said vehicle.

3. Shri N.P. Gupta assailed the finding of the learned Claims Tribunal and contended that the finding on issue No. 1 given by the tribunal is not correct. The learned counsel also disputed the amount of compensation awarded by the Claims Tribunal in favour of claimants who are the widow of the deceased and two minor sons. Shri Gupta submits that there is no evidence on record to prove rash and negligence on the part of the driver of the bus. Learned counsel for the claimants submitted that the award of the claims tribunal is based on evidence on record and the finding arrived at by the learned claims tribunal is perfectly justified.

4. I have given my thoughtful consideration to the respective contentions made by the learned counsel for the par