J U D G M E N T

R.BASANT,J Did the tribunal go wrong in acting upon Ext.A2 final report to conclude that the accident had taken place on account of the negligence on the part of the driver of the insured vehicle? This is the only question that arises for consideration in this appeal filed by the insurer of the vehicle involved in the accident.

2. Wife aged 19 years and parents aged 58 years and 54 years of the deceased who was, at the relevant time, riding a motor cycle are the claimants. There was an accident. The insured vehicle, a bus and the motor cycle which the deceased was riding were involved in the accident. According to the claimants, the accident occurred solely on account of the culpable negligence on the part of the driver of the insured vehicle. The driver and owner of the insured vehicle remained ex parte. Insurance Company, after taking the requisite permission under Section 170 of the Motor Vehicles Act, contested the claim on all grounds.

3. Inter alia, it was contended that the accident had taken place not on account of any negligence on the part of the driver of the insured vehicle but solely on account of the negligence of the deceased. Parties went to trial on th