ARUN BHANSALI,J. - (1.) ARUN BHANSALI,J.| This appeal is directed against the judgment 26.10.2013, passed by the Motor Accident Claims Tribunal (First), Jodhpur ( 'the Tribunal '), whereby the Tribunal has rejected the application for compensation filed by the appellants on coming to the conclusion that the appellants have failed to prove the involvement of the vehicle in question.
(2.) The application for compensation under Section 163-A of the Motor Vehicles Act, 1988 ( 'the Act '), was filed by the claimants, inter alia, with the averments that on 16.05.2009, the deceased-Prem Singh was driving a Auto Rikshaw ('the Auto') No. RJ-19-P-8369 and his wife Smt. Kamla was sitting in the Auto as occupant when he was on his way back from Nimba Nimbari to his house, the front wheel of the Auto came out, resulting in the Auto turning turtle, in which, Prem Singh suffered grievous injuries to which he succumbed.
(3.) It was claimed that the deceased was aged 55 years was involved in driving the Auto and used to earn Rs.40,000/- per month. Based on the said averments compensation to the tune of Rs. 3,07,833/- was claimed.;