Hon'ble SHARMA, J.—This appeal has been filed by the appellant Haryana Rajya Parivahan Nigam, against the Award dated 21.9.2004 passed by Judge, Motor Accident Claims Tribunal Khetdi, in MACT Case No. 14/1998 whereby claim petition of the claimants was allowed and they have been awarded compensation in the amount of Rs. 3,46,540/- due to death of Leeladhar in road accident alleged to be occurred on 18.7.1997 when he was coming in Bus No. HR 46-227 and on account of rash and negligent driving of the bus.

2. The facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary.

3. Mr. Ravi Shankar, learned counsel for the Haryana Roadways, stated that a criminal case was got registered on the statement of the conductor of the bus and after due enquiry, the police did not file challan against the driver of the bus. It was submitted by the counsel that in these circumstances there was no rash and negligent on the part of the driver of the bus in question. The learned counsel for the appellants stated that there is no evidence on the file except the post mortem report of the deceased Liladhar. There is no eye-witness of the occurrence an

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