Mansoor Ahmad Mir, J.

This appeal is on the Board of this Court for the last about 9 years, is a terrible commentary on the judicial process.

2. The claimants invoked the jurisdiction of Motor Accident Claims Tribunal (II), Mandi, H.P., Camp at Karsog, (for short, “the Tribunal”) by the medium of Claim Petition No. 104 of 2003, titled Smt. Rama alias Babita & others vs. Sh. Ramesh Kumar & others on the ground that they became victims of vehicular accident, which was caused by the driver, namely, Rakesh Kumar, while driving Mahindra Max, bearing registration No. HR-62-0606, on 10.8.2003, at about 5.30 A.M., near Datyar on Chandigarh-Shimla road, in which Parma Nand sustained injuries and succumbed to the injuries, for grant of compensation on the grounds taken in the memo of claim petition.

3. The respondents, in the claim petition, resisted the same on the grounds in the respective memo of objections.

4. Following issues came to be framed:

“1. Whether Shri Parma Nand died due to rash and negligent driving of vehicle No. HR-62-0606 on 10-8-2003 at about 5.30 A.M. at place near Datyar on National Highway-22 Chandigarh Shimla, being driven by respondent No.2 (Rakesh Kumar) as all