NARENDRA KUMAR JAIN,J. - (1.) HEARD learned Counsel for the parties.
(2.) THIS miscellaneous appeal on behalf of claimant -appellants under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment/award dated 18.12.1993 passed by the Motor Accident Claims Tribunal -1, Ajmer, in motor accident claims case No. 29 of 1990, whereby the learned Tribunal dismissed the claim application of the appellants in view of finding of Issue No. 1, whereby, it was held that the claimants failed to prove that the deceased died due to accident with the truck No. R.P.Z. 3429. Learned Counsel for the claimant -appellant contended that Ext. 4 First Information Report was lodged in respect of this accident, wherein the vehicle number was given. He further contended that Ext. 3 charge -sheet was also placed on record before the Tribunal, wherein also the above truck number was given. He also contended that a notice under Section 133 of the Motor Vehicles Act, 1988 was given to the vehicle owner, who did not give any reply to the effect that his vehicle was not involved in the accident. The contention of the learned Counsel for the claimant appellants is that the learned Tribunal did not appreciate the applicant's evidence properly and wrongly decided issue No. 1 against the appellant.
(3.) LEARNED Counsel for the respondents contended that the finding given by the Tribunal in respect of issue No. 1 is quite just and reasonable and no case for interference by this Court is made out.;