It is submitted by learned counsel for the appellant that the claim petition was filed under Section 166 of Motor Vehicle Act and the claimants had failed to prove rash and negligent driving of driver of offending car. As per G.D. Entry there was no negligence on the part of the driver of vehicle. Hari Prasad Chaurasia, alleged eye witness appeared as PW-2 before the claims tribunal, who admits in his cross objection that there was no negligence of car driver but later on he states that the driver of car was rash and negligent and was responsible for the accident. There was severe contradictions in the statement of eye witness. Admittedly, the driver Amrendra Kumar was driving the Alto Car at the time of accident, who is son of the deceased. The deceased was occupant of the car and no other vehicle was involved in the accident. Lastly, it is submitted that the compensation awarded by the claims tribunal is also on higher side. The claim petition was filed on behalf of three claimants and during the pendency of the claim petition one Jhagru Ram died and there were only two claimants, the claims tribunal has erred in deducting 1/4 towards personal expenses of the deceased accepting four dependents.
