Vineet Kothari, J. - (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. Aw -4 Amba Lal Suthar deposed before the learned Tribunal that after the said accident he along with three other persons took these three persons, who met the said accident, to the hospital and at the time of accident the said scooter was coming from Udaipur city side to Krishi Mandi and the speed of the truck in question was fast and the said truck hit the said scooter and the accident had taken place on account of rash and negligent driving of the said truck. The scooter in question was hit from the driver side of the said offending truck on account of which these three persons fell at some distance and the scooter in question also got crushed under the truck and on the both sides of the road the pipes for laying down of the pipeline for the PHED department were lying.
(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.;