TYAGI, J.—This appeal is directed against the judgment of the Motor Accidents Claims Tribunal, Jodhpur, dated January 28, 1970, whereby the claim of the appellant Johrilal under sec 110A of the Motor Vehicles Act, 1939, for a sum of Rs. 15,000/-, was dismissed by the said Tribunal.

2. Facts giving rise to this litigation, in a nut-shell, are as follows:

Johrilal, appellant, was an employee of Hindustan Aeronautics. On November, 2, 1967, he borrowed a scooter rickshaw from Radha Vallabh (P.W. 1) with a view to pay visits to his friends on the occasion of Deepawali. Johrilal himself was driving that scooter rickshaw and he went from Nagauri gate towards the main road which connects Paota to Mandore. When Johrilal reached the junction of Nagauri gate road and (he Mandore road he saw an army truck bearing No. B.C. 22229 coming fast from Paota side on the Mandore road. Looking to the speed of the truck Joharilal thought it proper to stop his vehicle on the Nagauri road near Shri Khet Singhs house and let the truck pass. It is alleged that the speed of the truck was quite high and, therefore, according to Joharilal, the driver of the truck P.C.H. Reddy could not control it because of his d

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