Adarsh Kumar Goel, J.

1. This appeal has been preferred by the insurance company against the award of the Tribunal awarding a sum of Rs.4,19,000 on account of death of Inderjit Singh.

2. The case of the claimants is that on 5.7.2003 at 5.40 p. m. , the deceased was travelling on a scooter from Sirsa to Ding. He was hit by vehicle driven rashly and negligently by Mange Lal resulting in the death of Inderjit Singh and injuries to Gurbachan Singh, claimant, son of the deceased. The driver ran away. The deceased was medically examined and treated for about 40 days in different hospitals and finally died on account of injuries suffered on 14.8.2003. Post-mortem examination was conducted and F. I. R. dated 14.8.2003 was lodged.

3. The driver and owner of the vehicle as well as the insurance company contested the claim.

4. Following issues were framed:

(1) Whether the accident in question had taken place due to rash and negligent driving of truck-trailer No. HR 38e 9871 resulting in the death of Inderjit singh as alleged? OPP

(2) Whether the petitioners are entitled to receive any compensation amount? If so, how much and from whom? OPP

(3) Whether the petitioners have no cause of