Bhaskar Bhattacharya, CJ.—This appeal under Section 173 of the Motor Vehicles Act is at the instance of an unsuccessful applicant under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the M.V. Act) and is directed against an order dated 1st August, 2008 passed by the Motor Accident Claims Tribunal [Aux.], Fast Track Court No. 7, Vadodara, in Motor Accident Claim Petition No. 1974 of 1998 by which the learned Tribunal dismissed the claim-application.

2. The case made out by the appellant in the claim-application under Section 166 of the M.V. Act was that on 23rd November 1996, while the appellant was going to Vadodara Kirti Stamb from Jambusar by driving an ST Bus bearing registration No. GJ.1.Z.4696 with moderate speed and by observing the traffic rules, when he reached near Padra village, the steering of the bus failed due to a technical defect, as a result, the bus crossed the road and dashed with a tree resulting in fracture-injury to the appellant as indicated in the Medical Certificate. According to the claimant, the said accident had taken place solely on account of technical defect in the steering of the bus. Consequently, the appellant prayed