( 1 ) THE claimants in these two matters have come up in appeal because the Tribunal has rejected the claim for compensation on the short ground that the offending truck in question could not be identified as the O. N. G. C. truck in question. The claimants in the first matter in respect of death of Maganlal Sanalal Mistry have now confined their claim only to a sum of Rs. 90 0 while in the other appeal the claim of the injured claimant Maganlal Motilal Prajapati is of Rs. 100

( 2 ) THE accident took place on the Deesa Palanpur Highway at about 10 P. M. on 21/07/1969 The deceased Maganlal Mistry and the injured claimant in the other matter Maganlal Prajapati had been given a lift by respondent No. 7. Deputy Engineer Mr. Patel who had gone for a visit on the site at Deesa. On the return journey after leaving Deesa at about 9 P. M. when they had travelled for about 12 miles away Between Chandisar and Chadotar Villages on the Highway in the sim of Badarpura village this accident had taken place between the jeep and the O. N. G. C. truck in question No. GTD 5497. The claimants jeep was left hand vehicle and it was driven by respondent No. 7 Mr. Patel. Maganlal Prajapati w