Rajiv Sharma, J.

1. A challenge has been laid by this FAO to award dated 25.6.2004 passed by the learned Motor Accident Claims Tribunal (II), Una in MAC Petition (RBT) No. 128/01/99.

2. The brief facts necessary for the adjudication of this FAO are that Sh. Dilbag Singh sustained injuries on his person in a motor accident on 22.1.1998 at 1.45 p.m. near village Polian, Tehsil and District Una while he was travelling as a pillion rider on a scooter being driven by his son Jarnail Singh. Initially, the claim petition was filed by Sh. Dilbag Singh and he died during the pendency of the claim petition. His legal representatives were brought on record being son and widow of Dilbag Singh. Sh. Dilbag Singh remained under treatment with effect from 22.1.1998 to 27.1.1998. His disability was assessed to the extent of 25%. The appellants contested the claim petition. It was denied that the accident has been caused due to rash and negligent driving by Sh. Sita Ram, proforma respondent No. 3. In fact, the appellants had denied the very factum of accident caused by the H.R.T.C. bus. The learned Motor Accident Claims Tribunal on the basis of evidence led by the claimants awarded a sum of Rs