( 1 ) THE appellant-Faridabanu (since deceased through her legal representatives)has filed the present appeal, being aggrieved by the judgement and award dated 7th May, 1982 passed by the learned Motor Accident claims Tribunal, Valsad in M. A. C. P. No. 104 of 1980, dismissing the claim, is before this Court with a submission that the learned Tribunal below was unjustified in dismissing the claim.

( 2 ) IN an accident between two trucks bearing Registration Nos. GTC-3113 (belonging to the appellant) and GTB-6834 (driven by one Gangaram Bhalaji Rajput), the driver of other truck bearing No. GTB-6834 suffered certain injuries and one inmate of the truck, namely, Abhesinh pratapbhai Baria also suffered certain injuries. The said Abhesinh filed M. A. C. P. No. 75 of 180, but, during pendency of the said claim petition, he died as a result of the injuries, therefore, his legal representatives were substituted on record. The driver of truck No. GTB-6834 filed M. A. C. P. No. 105 of 1980 and the present appellant -Faridabanu also filed M. A. C. P. No. 104 of 1980 against the owner of truck No. GTB-6834 and the Insurance Company. The case of Abhesinh was that the accident wa