(Sanjay Karol, J.) - In the present appeal, award dated 17th June, 2004 passed by Motor Accident Claims Tribunal-II, Kangra at Dharamshala in M.A.C. Petition No. 71-K/2000 titled as Tilak Raj and others v. Kawal and another has been assailed.

2.Smt. Phulan Devi died on 12th March, 2003 as a result of an accident of vehicle No. HP-04-0419 which took place on 11th March, 2000 near Kangra, H.P. Her son and five daughters filed a claim petition under Section 166 of the Motor Vehicles Act (hereinafter referred to as the “Act”) claiming a sum of Rs. 4,50,000/- as compensation. On the pleadings of the parties the Court framed the following issues :-

1. Whether the deceased had died due to rash and negligent driving of the vehicle i.e. three wheeler by respondent No. 1 ? .....OPP

2. If issue No. 1 is proved in affirmative, to what amount of compensation the petitioners are entitled to and from whom ? ...OPP

3. Whether the petition is not maintainable ? ....OPR

4. Relief.

3.Based on the evidence, the Tribunal decided issue No. 1 in favour of the plaintiff holding that respondent No. 1, as owner was driving the vehicle in a rash and negligent manner and the deceased sustained inj