G. P. MITTAL, J.

1. The Appellant Gopal S. Krishnan impugns a judgment dated 28.08.2002 arising out of the Claim Petition No.530/2001 whereby a Petition under Section 166 of the Motor Vehicles Act was dismissed by the Motor Accident Claims Tribunal (the Claims Tribunal) on the ground that the Appellant had failed to establish that the accident was caused on account of rash or negligent driving on the part of the First Respondent of Maruti Van No. DL-2C-F-0883. The said vehicle was owned by the Second Respondent, financed by the Third Respondent and insured by the Fourth Respondent.

2. The manner of accident as stated by the Appellant and the defence of the First and the Second Respondent as stated in paras 2 and 6 of the impugned judgment is extracted hereunder:

“2. It is alleged that on the night intervening 26/27-5-1994 at about 12.30 a.m. petitioner was returning back to his residence on his Maruti Car No.DL-3C-D-3363 via National Highway No.24. On reaching the right turn towards Mayur Vihar, Phase-III, petitioner stopped his car at Patparganj crossing on the left side of the road because he saw two speeding vehicles coming from the side of Ghaziabad. One of those vehic