MRANALINI Vs. ROOP LAL

JUDGEMENT

(1.) THESE three appeals are directed against the award of Motor Accident Claims Tribunal, Udaipur dated 14.10.1999 whereby the learned Tribunal rejected the claim petition of the claimants deciding the issue No. 1 against the claimants whereas 'no fault claim' as per Section 140 of the Motor Vehicles Act was awarded in favour of the claimants.

(2.) FROM the impugned order, it appears that the accident in question took place on 7.6.1992 at around 8:15 AM in the morning when three persons on one scooter namely deceased Kuldeep Singh, deceased Om Prakash Gotam and deceased Shankar Lal Suthar were going on the said scooter and while overtaking a bus of RSRTC they collided with the offending vehicle, truck No. RJ -27 -G - -0259 of P.H.E.D. Department of Government of Rajasthan coming from the other side and were crushed by the said truck and these three persons lost their lives.

(3.) ON the other hand NAW -1 Roop Lal, the driver of the truck in question and NAW -2 Sadhu Ram, Khalasi of the truck deposed before the Tribunal that at the time of accident the vehicle in question was driving very slow, however, after the accident both these persons fled from the seen and reported the matter to the police.