JUDGMENT :

G.R. Majithia, J.-The legal heirs of deceased Chattar Singh have come up in appeal before this Court, against the award of the Motor Accident Claims Tribunal, Hissar, dated December, 8, 1983. The learned Tribunal dismissed the claim application holding that the accident had not taken place as a result of any negligence on the part of the driver of the four wheeler, which collided with the scooter driven by the deceased. The quantum of compensation was not assessed in view of the finding that the accident had not taken place due to the rash and negligent driving of the four wheeler by respondent No. 1.

2. The matrix of the case is as under:-Chattar Singh deceased was 52 years of age on the date of accident. He had gone on a scooter bearing registration No. USE-6380 to Jawahar Mill on Dabra road and was returning therefrom on the same scooter when four wheeler bearing registration No. HYR-1197 driven by Bal Kishan respondent No. 1 came from Hissar side. Respondent No. 1 was driving the said vehicle in a rash and negligent manner and caused a head on collision after the four wheeler had come on the wrong side. The deceased was coming on the correct side of the road. As a resu