G.S.Singhvi, J.

1. Feeling aggrieved by the award dated 6.1.1995 passed by the Motor Accident Claims Tribunal, Chandigarh, the insurance Company has preferred this appeal Under Section 173 of the Motor Vehicles Act, 1988 .

2. The accident in relation to which the claim petition was filed by the heirs of Smt. Jasbir Kaur took place on 7.10.1992 near Dhanas bridge, Union Territory, Chandigarh. Smt. Jasbir Kaur, who was working as Lecturer in the Government Senior Secondary School, Dhanas, and who at the relevant time going on her Kinetic Honda Scooter from Sector 35 to the School, was struck, by a tractor from behind. In the accident Smt. Jasbir Kaur sustained injuries and died. Her heirs (respondents 1 to 3) filed a claim petition for award of Rs. 20,00,000/- by way of compensation. The owner and the driver of the tractor contested the claim, on the ground that the deceased was guilty of negligent driving and her two-wheeler had struck at the back side on the trolley. The insurance company contested the claim on the ground that Sant Singh was not owner of the vehicle and Nachatar Singh was not qualified to be a driver of the vehicle.

3. The Tribunal held that the accident di