( 1 ) THIS appeal is directed against the judgment and order dated 29th March 1982 passed, by the then learned Chairman of the Motor Accident claims Tribunal (Auxiliary) at Ahmedabad, in Motor Accident Claim Application no. 25 of 1981, dismissing the application with costs.

( 2 ) ). In short, it is the case of the appellant (Orig. petitioner) that on 29th september 1980 riding over the Scooter No. GRA 104, he and Ramanbhai Narandas were going towards Maninagar via Kankaria in Ahmedabad. The petitioner was driving the scooter while Ramanbhai was the pillion-rider. As alleged, the appellant was driving the scooter cautiously remaining on the left side of the road keeping in mind the rules of traffic. He reached near Kankaria-Balvatika, at 4-30 p. m. One truck bearing No. GTD 4949, at that time came from behind. Near Balvatika he found muddy water flowing from one side to another and so there was also a thin layer of wet mud on the road. He, therefore, slowed down the speed, took the scooter on the extreme left side of the road and stopped there. He continued to sit on the parked scooter. The truck which was coming from behind hit them from behind as a result, both wer