The absence of a driving license alone does not establish negligence. A person may be proficient in driving without a license.

1. F.A.Os.46,47,56 and 57 of 1969 arise out of the same accident and are being disposed of by one judgment.

2. On May 9, 1966, at about 2 P.M. Parminder Singh A.W.3 was going on scooter No. PNF : 3351, with Manohar Singh riding the pillion, from the house of one Gurdarshan Singh situated on Gaushala road inside Amritsari Gate of Ferozepore City to his own house, which was situated on the Mall, Ferozepore Cantonment. As soon as the scooter emerged from the Amritsari Gate and the driver took a turn towards the left side, it was hit by an oil tanker No. PNF7401 coming from the side of the Kasuri Gate and going towards the Bansi Gate side. It is alleged that the tanker lorry was being rashly driven by its driver Mr. Baldev Raj. Because of the impact, the scooter along with its two riders was pushed ahead for a considerable distance. Parminder Singh and Manohar Singh deceased fell into the Nala. Because of the impact made by the tanker, the parapet wall of the culvert on the side of the Nala was also demolished. Some of the by-standers took Paraminder Singh and Manohar Singh deceased out of the Nala and brought them to the Octroi Post. After about 15 minutes, a local bus happened to pass by. Manohar Singh and Paraminder Singh were carried in this bus to the hospital where Manohar Singh breathed his last. Baldev Raj, the driver of the tanker, disappeared from the place of the occurrence after the accident, The tanker belonged to the Mukatsar Janta Co-operative Transport Society (hereinafter called the Transport Society) and it was insured with the Jupiter General Insurance Company. Mrs. Bachittar Kaur, widow of Manohar Singh and her minor daughter Bibi Arvinder Kaur filed a claim application, before the Motor Accident Claims Tribunal claiming compensation on account of death by accident of Manohar Singh. Parminder Singh, who was injured in the same accident filed a separate claim application. The learned Tribunal came to the conclusion that the scooter driver was negligent to an extent of 25 per cent and that Mrs. Bachittar Kaur and her minor daughter were entitled to have a sum of Rs. 22,950/- as compensation under Section 110-B of the Motor Vehicles Act. Out of this amount, the liability of the Insurance Company was fixed at Rs. 10,952.50 along with costs. Parminder Singh applicant was granted a sum of Rs. 19,087/- as compensation. Out of this amount, the Insurance Company was ordered to pay Rs. 9047.50 plus the costs of the application. F.A.O. No. 46 of 1969 has been filed by Parminder Singh and F.A.O. No. 47 of 1969 has been filed by Mrs. Bachittar Kaur and her minor daughter. In these appeals enhanced compensation has been claimed. F.A.Os. Nos. 56 and 57 of 1969 have been filed by Mukatsar Janta Co-opertive Transport Society in which it has challenged the award of compensation.

3. These appeals came up before me on September, 25, 1972, Mr. L. M. Suri the learned counsel for the Transport Society, submitted before me that during the trial of these claim application, a learned Single Bench of the Court had taken the view that a decision rendered by the Criminal Court was binding on the Tribunal. Since Baldev Raj, the driver of the tanker, had been acquitted he bona fide formed an opinion that it was not necessary for him to lead some evidence. He prayed that the case may be remanded. This prayer was opposed on behalf of Parminder Singh and Mrs. Bachittar Kaur on the ground that the other side was prolonging the proceedings on one pretext or the other. Instead of remanding the case, I ordered that the Transport Society should be given one more opportunity to lead evidence in this court. The Transport Society has examined two witnesses. They are Prakash Chand R.W. 8 and Manohar Lal R.W. 9. The learned counsel for the applicants in F.A.Os. Nos. 56 and 57 of 1969 gave up Ishar Dass witness and closed his evidence.

4. Mr. L.M. Suri, the learned counsel for the Transport Society, has taken me through the evidnce and has argued