1. The claimants have come up in appeal against the award of the Motor Accident Claims Tribunal, Kapurthala. The learned Tribunal found that the accident had taken place as a result of rash and negligent driving of the offending vehicle by respondent No. 1, but no compensation was awarded to the claimants since they had failed to prove income of the deceased.

2. Facts first : Updesh Kumar Chopra died in an accident, which took place on August 29, 1984, at 1 p.m. on G.T. Road near Sugar Mills. Phagwara. He was going on his scooter bearing Registration No. PBT 9398 on G.T. Road, Phagwara. Respondent No. 1 was driving Truck No. PUM 3905 and was coming from Jullundur towards Phagwara. He was driving the truck rashly and negligently and struck against the scooter. As a result of the impact, Updesh Kumar was crushed and died at the spot. The claimants, who are the wife and children of Updesh Kumar deceased, claimed compensation to the tune of Rs. 84 lacs.

3. The respondents contested the application. They denied that the accident had taken place due to rash and negligent driving of the truck by respondent No. 1.

4. The pleadings of the parties gave rise to the following issues:-