Pritpal Singh, J.

1. An accident took place on December 23, 1978 at about 11.30 a.m. at the crossing of sectors 34/35, 43/44 at Chandigarh in which the scooter driven by the deceased Mohan Lal Suri, and the truck driven by Shri Chand respondent were involved. Neelam Chopra was sitting on the pillion seat of the scooter. As a result of the accident Mohan Lal Suri died at the spot and Neelam Chopra sustained injuries. The truck belonged to Hans Raj respondent and it was insured with the New India Assurance Company. The truck was financed by the Punjab and Sind Bank. In the wake of the accident two separate claim petitions under Section 110-A of the Motor Vehicles Act were filed against the aforesaid Shri Chand, Hans Raj, New India Assurance Company and the Punjab and Sind Bank; one by Smt. Maina Wati and Sunita Suri, mother and sister respectively of the deceased Mohan Lal Suri and the other by the injured Neelam Chopra. Both the petitions, having arisen out of the same accident, were tried jointly by the Motor Accident Claims Tribunal, Chandigarh.

2. The case of the claimants before the tribunal was that the accident had taken place due to the rash and negligent driving of t