JUDGMENT :

S.S. SODHI, J.

1. This judgment will dispose of the appeal referred to above as also the Cross Appeal F.A. No. 207/1976, State of Haryana vs. Smt. Nirmal Bhutani and Others.

2. Sometime during the night intervening September 26 and 27, 1972, a First Car No. DHA 5651 ran into a road roller which was parked on the Fatehabad-Hissar road resulting in the death of both the occupants of the said car. One of the persons killed in this accident being Ish Kumar, Bhutani, the owner and the driver of the said car.

3. Smt. Nirmal Bhutani, the widow of Ish Kumar Bhutani deceased, the their two minor daughters Sanjana Bhutani and Tanesha Bhutani filed an application u/s 110-A of the Motor Vehicles Act seeking Rs. 3 lacs as compensation for the loss suffered by them on account of the death of Ish Kumar Bhutani in this accident.

4. The Tribunal came to the finding that the accident in this case was attributable to the negligent act of the driver of the road roller in leaving it unattended on the road without any sign or indication to warn road user of it being there. A sum of Rupees 1,05,000/- was, consequently, awarded as compensation to the claimants.

5. The claimants in their appeal sought