JUDGMENT Dev Darshan, J. (oral) All these appeals are being disposed of by a common judgment/order as the same question of law and fact are involved. The claim petitions filed by the appellants herein were dismissed by the learned Motor Accident Claims Tribunal on the sole ground that rash and negligent driving was not proved. The learned Tribunal relied upon report Ex. RW1/A to hold that it was a mechanical defect which was the cause of the accident. 2. I find that the learned Tribunal is incorrect in appreciating the law on the point. What is required to be proved was the fact that all necessary care and caution was taken to keep the vehicle in good condition. The law on this point is well settled in Smt. Mewa Devi and others etc., versus M/s Ram Parkash Rajinder Paul and another, AIR 1990 H.P. 53 holding:- “11. In order to succeed in a defence that the accident was due to a mechanical defect, the owners have to prove that they had taken all necessary precautions to keep the lorry in a road-worthy condition and that the defect occurred in spite of reasonable care and a caution taken by the owners. In order to sustain a plea that the accident was due to a mechanical defect, the owners must raise a plea that the defect was latent and not discoverable by the use of reasonable care. The owner is not liable if the accident is due to a latent defect which is not discoverable by a reasonable care. The burden of proving that the accident was due to a mechanical defect is on the owners and it is their duty to show that they had taken all reasonable care and that despite such care, the defect remained hidden ( AIR 1977 SC 1248 , Minu B. Mehta v. Balkrishna Ramchandra Nayan). The respondents have not discharged the burden on them by bringing on record the evidence to this fact. It is asserted by Sh. K.D. Sood that the vehicle was in a road-worthy condition because it had gone to a place beyond the place of accident and it was on the way back that the accident in question took place. Therefore, it is urged that the vehicle could be said to be in a fit road-worthy condition. This fact is not enough. K.D. Sood that the vehicle was in a road-worthy condition because it had gone to a place beyond the place of accident and it was on the way back that the accident in question took place. Therefore, it is urged that the vehicle could be said to be in a fit road-worthy condition. This fact is not enough. The burden has to be discharged by bringing on record the evidence to show that all necessary care and caution had been taken to keep the vehicle in a perfect condition and during that process no possible visual defect could be seen in the vehicle. The conclusion drawn by the Motor Accident Claims Tribunal, on this aspect of the matter, are against the evidence on record and completely divorced from the basis principles applicable in such like cases. 12. The result, therefore, is that there is force in these appeals. The same are allowed and the awards of the Motor Accidents Claims Tribunal are set aside. The claim petitions are remanded to the Tribunal with the direction to restore them to the original numbers and proceed to decide the same on merits in accordance with law. Costs of Rs.500/- in each case to be paid by the respondents in equal shares.” (p.55). 3. At this juncture I also note that evidence of PW1 Tawarku was that the bus was being driven at a fast speed in a rash and negligent manner, was disbelieved because of the report. This is not the proper way of the appreciation of the evidence. In these circumstances, the cases are remanded to the learned Tribunal for decision afresh in accordance with law. Parties be granted opportunity for leading such other and further evidence in support of their contentions. Parties shall appear before the learned Motor Accident Claims Tribunal Kinnuar Civil Division, at Rampur Bushahr, H.P. on 2nd April, 2013. The learned Tribunal shall dispose of all the cases not later than six months for the date when the parties first put in appearance. Appeals stands disposed of. 4. All pending miscellaneous applications also stand disposed of.