JUDGMENT :

D.V. Sehgal, J.-This first appeal from the award dated 15.4.1982 passed by the learned Motor Accidents Claims Tribunal, Ludhiana (for short 'the Tribunal'), was earlier decided by me vide my judgment dated 23.4.1986.

2. Bimla Devi Appellant, mother of Sunil Kumar Aggarwal deceased who was the victim of the unfortunate accident, had filed this appeal through a lawyer who has since shifted his practice to the Supreme Court. Therefore, none was present on her behalf on 23.4.1986. I affirmed the award made by the learned Tribunal and dismissed the appeal. Review Application No. 22-CII of 1987 was filed by the Appellant which was allowed by me vide my order dated 2.9.1987. I recalled my judgment aforesaid and directed the appeal to be heard once again on its merits.

3. It is not necessary to dilate over again on the circumstances in which the accident took place. All that be noticed is that the learned Tribunal vide its award under appeal held that Sunil Kumar died due to rash and negligent driving of bus No. PUM 5305 driven by Ganda Singh Respondent No. 1 and owned by the Municipal Corporation, Ludhiana, Respondent No. 2. The question that has, however, been debated before me i