Hon'ble RAFIQ, J.—This appeal has been preferred by the appellants aggrieved by the award of the Motor Accident Claims Tribunal, Bandikui, Dausa by which, claim petition filed by the claimant-appellants has been dismissed holding that death of Devendra Chhabra by the accident has not been proved.

2. Contention of the learned counsel for the appellants is that the award passed by the learned Tribunal suffers from contradictions while not deciding the issues in correct perspective. While Tribunal in Issue No.2 has held that deceased was driving the Motorcycle bearing No.RJ-29M-8662 during currency of the insurance policy but in Issue No.1, it has erroneously held that the claimants failed to prove that deceased died due to accident. Learned counsel referred to the findings of the Tribunal in paras 2 and 11 where, the learned Tribunal noted that in response to the notice issued under Section 133 of the Act, owner of the vehicle in his reply has stated that his father was driving the vehicle when the accident took place. In this connection, learned counsel for the appellants referred to the post-mortem report (Ex.8) of the deceased, where it has been clearly mentioned that deceased died

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