M. Ramakrishna, CJ,

1. The appellant, United Insurance Co. has come up in this appeal challenging the correctness and legality of the order passed by a learned Single Judge of this court on 18-4-1995 by which the learned Single Judge dismissed the first appeal and recorded a finding against the appellant.

2. We have heard learned counsel for the appellant and perused the grounds taken in the appeal as well as the orders of the learned Single Judge and the findings recorded by the Tribunal while disposing of the original claim petition.

3. A few facts that are necessary for the disposal of the appeal are as follows: As can be gathered from the award made by the Accidents Claims Tribunal Kathua, there was a road accident on 23-10-1988 by which Chajju Ram, who was going towards Hatli crossing from Kathua along with the loaded donkeys was hit by the offending vehicle, the Matador No. 731/ DDE which was coming in the opposite direction, was seriously injured and died later on the same day.

4. The widow of the deceased and other heirs of Chajju Ram (deceased) claimed a sum of Rs.9,12,000/-, being compensation payable on account of death of Chajju Ram in the accident. This was opposed by

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