JUDGMENT :

K.P. Bhandari, J.

This is an appeal against the award of the Motor Accident Claims Tribunal, Fridabad, dated 12.8,1987 whereby claim of the appellant was dismissed.

2. In the present case, Haryana Roadways Bus struck against the car of the claimants. Driver of car died on the spot. There were five occupants in the car who received serious injuries. Kama Devi was declared dead on arrival at the hospital. On arrival in the hospital, Radha Devi was also declared dead. P. L. Dhanuka, claimant, and D. N Bangur, appellant also received serious injuries. They remained confined in the hospital in Delhi and Calcutta. The Tribunal framed the following issues :-

"1. Whether the impugned accident was caused by rash and negligent driving of Bus No. HRW 4535 by respondent No. 3? OPP.

2. Whether the accident was earned due to rash and negligent driving of Car No. DIA 5296 by deceased Driver Deep Chand ? OPR.

3. If issue No. 1 is proved whether the petitioners are entitled to any compensation ? If so, how much and from whom ? OPP.

4. Whether the petition is time barred ? OPR 1 to 3.

5. Re