Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. Appellant before us is the driver and owner of the jeep bearing registration No. MP-04J 1824 which met with an accident on 21.11.1999 having collided with a truck. The deceased Balma @ Balram Gond, Ramgopal and Shankarlal admittedly were travelling in the said vehicle.

3. A First Information Report was lodged. The heirs and legal representatives of the deceased filed applications for grant of compensation in terms of Section 166 of the Motor Vehicles Act, 1988 (for short "the Act") which was marked as Claim Case Nos. 76, 78 and 79 of 2002.

4. The learned Tribunal, having regard to the rival contentions of the parties, framed the following issues:

"1. Whether on 21.11.99 in the night at about 8 a.m. near village Semri, non applicant No. 1 driving Jeep No. MP04 1824 and truck No. MP04K2028 driven negligently and rashly the collision between the two vehicle occurred and in the result Shankarlal died.

2. Whether there was contributory negligence on the part of both the drivers? If so, effect.

3. At 8 p.m. Jeep No. MP04J1824 was dashed by truck No. MP04 K 2028 and the accident was caused, if so, effect..

4. Whether applicants are entitled f