S.S.Sodhi, J.

1. The Punjab Roadways bus PUA-9349 was on its way to Amritsar from Jandiala when it hit into a stationary truck from behind. As a result of the impact between these two vehicles, the claimant Suresh Chopra, who was travelling in the bus sustained injuries. This accident had occurred on August 14, 1973 at about 8.15 p.m.

2. The Tribunal negatived the claimants claim for compensation for the injuries suffered by him, holding that he had failed to prove that the bus driver was to blame for this accident.

3. There is no dispute in this case that the bus had indeed hit into a stationary truck. Kundan Singh the bus driver, when he appeared in the witness box as RW-1 deposed that, he had not seen this truck on account of the headlights of a truck coming from the opposite direction. According to the evidence led by the claimant this stationary truck was standing on the kacha portion on the left side of the road when the bus hit into it. The respondents, on the other hand, had tried to show that the truck was not wholly on the kacha portion, but it was partly on the kacha and partly on the metalled portion of the road. How the stationary truck was parked is not, howev