road and during that time the accident occurred. He has taken a plea that there was oil spilled over the road and due to that he lost control over his truck but the defence taken by the respondent's side is not tenable. It was further contended that the driver of the offending truck was aware of the fact that oil was spilled over the road much earlier, therefore, he should have taken due care and proper precaution and if he would have taken due care, then the accident would not have taken place but due to the rash and negligent driving of offending truck by its driver Shiv Ram, Kulwant Singh lost his life and and Nishan Singh suffered severe injuries but the learned Tribunal has not properly appreciated the material available on record and has wrongly concluded issue No.1 that the accident occurred solely due to the rash and negligent driving of truck by Kulwant Singh. It was contended that separate issue No.3 was framed with regard to contributory negligence but the learned Tribunal has not dealt with that issue. thus, it was contended that the finding on issue No.1 be set aside and it may be held that the accident occurred due to rash and negligent act of the truck of Shiv Ram. It was further contended that the learned Tribunal has not decided the quantum of compensation, therefore, it was requested that adequate
