1. This appeal is directed against the award dated 12.05.2003 (hereinafter referred to as impugned award) passed by Motor Accident Claims Tribunal, Srinagar, in the claim petition No.107 titled as Mst.Shahnaz & Ors. Vs. Union of India and others, whereby an award of Rs. 11,08,500/- with 9% interests from the date of application till final realization came to be passed in favour of claimants 1 to 3 and against the appellants/non-applicants therein.

2. Appellants have assailed the impugned award on the grounds that impugned award has been passed without any evidence and is illegal on the face of it. The driver of appellants, Bika Ram, has not driven the vehicle rashly and negligently but in fact it was deceased, scootorist, who has driven the scooter rashly and negligently. The Motor Accident Claims Tribunal, Srinagar, has illegally and without any evidence decided the issue No.1 in favour of the claimants and saddled the non-applicant with liability.

3. It is useful to notice the facts of the case herein:-

The case of claimants/respondents 1 to 4 is that deceased, namely, Aijaz HussainRather, was driving scooter on 8th May, 1998 and coming from Jawahar Nagar, and the appellant No.3, Bika Ram, was driving the truck bearing registration No. DEL/3096 of 44th Bn., CRPF rashly and negligently at the relevant time and hit the scooter. The scootorist, namely, Aijaz Hussain Rather, his wife and child who were pillion riders sustained injuries. Aijaz Hussain Rather succumbed to the injuries. The claimants claimed compensation to the tune of Rs.20 lakhs as per break-up given in para-9 of the claim petition.

4. Respondents appeared and filed written statement. The following issues came to be framed in the claim petition on 7th August, 1999;-

"1. That whether respondent No.3 namely Beka Ram Driver has driven the offending vehicle truck bearing registration No. DEL-3096 of 44th Bn. C.R.P.F. rashly and negligently on 8.5.98 at general road near Indore Stadium, Tagore Hall, Main Gate and thereby hit the deceased namely Ajaz Hussain Rather who succumbed to injuries? OPP

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

3. Relief.

5. The parties have lead evidence. Motor Accident Claims Tribunal, Srinagar, after appreciating the evidence and hearing learned counsel for the parties passed the impugned award in favour of the claimants/respondents 1 to 3 and against the appellants (non-applicant).

6. Mr. Khan, learned counsel for the appellants, argued that the appellant No.3, Bika Ram has not driven the vehicle i.e. truck bearing registration No.DEL/3096 rashly and negligently on the date of accident. But in fact the deceased who was driving the scooter rashly and negligently could not control the speed of the scooter and fell down. The deceased sustained injuries and succumbed to the injuries.

7. The question is whether the appellants have proved the said fact before the Tribunal?

8. Petitioners have examined Sajad Ahmad Dar, Fayaz Ahmad Laway, Binder Paul Singh, Iqbal Ahmad Shahmeeri, Ghulam Mohammad ASI and Mst. Shahnaz.

9. Respondents have examined H. N. Barroo, driver Bakshi Singh, D.S.Behu, P.D. Gudiya, Sochi Satpal and Bika Ram, appellant No.3.

10. The witnesses examined by the claimants/respondents herein have categorically deposed that deceased Aijaz Hussain Rather was coming from Jawahar Nagar towards Bakshi Stadium on scooter along with his wife and child. The driver of the truck suddenly, near Indoor Stadium, took a turn and hit the scooter and the scooterist sustained injuries. The Investigating Officer, Binder Paul Singh and other witnesses have deposed that the accident occurred due to rash and negligent driving of Bika Ram.

11. The witnesses of the appellants, namely, Hawaldar Driver Bakshi Singh, D.S, Behu, P.D.Gudia and Sochi Satpal have categorically deposed that they do not remember that how accident occurred and had no knowledge about the oc

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