of probability and cannot apply the test of proof beyond reasonable doubt. The evidence available in the present case tested on the principles of preponderance of probability can record only one finding that the car was involved in the accident, otherwise, the damage found to the car in the Mahazar (Annexure P-2) was not possible. The Mahazar clearly records that the front bumper right side of the car is broken, front right parking light is broken, the grill fitted above the front bumper is curved. With such damages to the front side of the body of the car, it is impossible to record a finding that the car was not involved in the accident. 17. In the light of the evidence on record, we set aside the finding of the courts below that the car was not involved in the accident, resultantly, holding that the deceased died as a result of accident involving the car insured with respondent no. 3. We, therefore, set aside the judgment and order of the courts below and allow the claim petition