( 1 ) THESE 105 appeals have been preferred by the various claimants who filed claim petitions seeking to recover compensation in respect of either the injuries sustained by them or the death of someone on whom they were dependent for their sustenance, being aggrieved by the dismissal of the petitions preferred by them under Section 110-a of the Motor Vehicles Act (for short 'the act' ). The tribunal without recording any evidence, came to the conclusion that the accident in which the several persons sustained injuries or died, could not be held to arise out of the user of the motor vehicle and as such it had no jurisdiction to try the claim petition.

( 2 ) THE case putforward by the claimants in all the cases in brief is as here under : on 30th october, 1985, a tanker truck bearing registration No. Mst - 6277 belonging to the 2nd respondent filled with motor spirit at wadla terminal, Bombay left Bombay towards its destination viz. , Hyderabad. On 1-11-1985 at about 7. 20 a. m. it was on national high way No. 9 near tadola village within the limits of basavakalyan taluka and respondent-1 drove the same in a rash and negligent manner and took it to the extreme left side