The appeal is filed against judgment and award of Claim Petition No.318/2003 which was pending before the MACT, South Goa, Margao. The petition filed by appellant is dismissed by the Tribunal. Both the sides are heard.

2. In short, the facts leading to the institution of the appeal can be stated as follows:

The claimant is a transporter. On 25/04/2003, the claimant collected 12,000 kilo litres of diesel from Hindustan Petroleum Ltd. in the truck standing in the name of his wife and it was to be delivered at Gokak, Karnataka. The number of the truck was GA-02-T-8138. The accident took place at a place known as Durginim Mollem situated at NH-4A within jurisdiction of Mollem Police Station, Sanguem Taluka at about 14.40 hrs. It is the case of the claimant that truck bearing no.GA-01-W-6099 gave dash to the truck tanker of the claimant and the accident was caused by the driver of the truck bearing no.GA-01-W-6099 by driving the truck rashly and negligently. It is contended that another truck bearing no.GA-02-Z-7867 which was following truck no.6099 was also involved in the accident and it also gave dash to the truck in which the claimant was taking diesel to its destination. It