JUDGMENT :

M.D. SHAH, J.

1. This appeal has been filed by the original claimants under Section 173 of the Motor Vehicles Act, 1988 being aggrieved and dissatisfied with the judgment and award dated 28th November, 2000 passed by the Motor Accidents Claims Tribunal, Ahmedabad, in MACP No. 1378 of 1998 dismissing their claim petition.

2. Facts in short are that a claim petition was filed by wife and father of deceased Raghubhai Kamabhai claiming compensation for death of the deceased which is caused in an accident which is alleged to have occurred on 14th May, 1998 when tanker No .GJ-3-U-4222 of the ownership of opponent No. 2 driven by the deceased was passing from cross roads near Pirana Octroi point towards Sarkhej and at that time, ST bus No. GJ-1-Z-118 coming from Baherampur driven by driver of opponent No. 1 rashly and negligently dashed with the tanker causing fatal injuries to the deceased.

3. Upon the summons being served, opponent No. 3 filed written statement denying the contents of the claim petition. It was contended that accident occurred because of negligence of driver of opponent No. 1 and hence, it is not liable to pay any compensation.

4. Based on the pleadings of the par