1. This appeal by the appellants is directed against the judgment passed by learned single Judge of this court in C.I.M.A. No. 74 of 1994, dated 28.4.1995.

2. In order to properly appreciate the respective contentions urged by the learned counsel for the parties appearing in this appeal, facts need to be briefly referred to which are as under:
A claim petition under the provisions of Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act'), came to be filed by the appellants against owner, driver as well as insurer of the vehicle bearing registration No. JKA 8449. Case of the appellants as set - out in the claim petition under the Act was that on 31.10.85 the said vehicle was being driven by Ghulam Rasool Khuroo and Mohan Krishan Tickoo, a college student (since deceased) was overrun by the said bus near Degree College Khanabal, Anantnag. Accident was attributed to the rash and negligent driving on the part of the driver which resulted in death of said Mohan Krishan Tickoo. In this background compensation in the sum of Rs.4,80,000 was claimed by the appellants. This claim of the appellants was contested and resisted by the owner and driver who filed their common reply. Both of