JUDGMENT :

Mansoor Ahmad Mir, J.

This appeal is directed against the judgment and award dated 19.6.2010, made by the Motor Accident Claims Tribunal, (1), Kangra at Dharamshala, H.P. in MACP No. 45-N/II- 2007, titled Sh. Karnail Singh and another versus Rattan Lal and others, for short “the Tribunal”, whereby compensation to the tune of Rs.50,000/- under “no fault liability” was granted in favour of the claimants alongwith interest @ 9% per annum, with Rs.2000/- as costs, hereinafter referred to as “the impugned award”, for short.

2. Claimants have questioned the impugned award on the grounds that the tribunal has fallen in an error in recording the findings on issues No. 1 and 2.

3. Driver, owner and insurer have not questioned the impugned award on any ground, has attained the finality, so far as it relates to them.

4. The only question to be determined in this appeal is- whether the findings recorded on issues No. 1 and 2 are legally correct or otherwise?

5. I am of the considered view that the findings recorded on issues No. 1 and 2 are legally incorrect, for the following reasons