S.S. BYAS, J.—This appeal under section 110-D of the Motor Vehicles Act, 1939 (for brevity the Act hereinafter) is directed against an award of the Claims Tribunal, Udaipur dated March 5, 1975, by which the appellants were denied the right to prosecute and proceed with the application for claim. 2. Recapitulated briefly, the relevant facts are as under.

3. Khemraj, who passed away during the trial, presented an application under section 110-A of the Act before the Claims Tribunal on September 9, 1972 against the respondents claiming a sum of Rs.70,000/- as compensation. The case set-up by him was that at about 6.15 p.m. on March 20, 1972. he was going from his residence to his shop in the city of Udaipur. When he happened to be near the road- crossing of Bapu Bazar, bus RJL 4759 came from behind and knocked him down. As a result he fell down and the bus passed over his feet. It resulted in the complete crushing of his both feet. He received multiple injuries. Respondent Harisingh was driving the bus at that time. The bus belonged to M/s. Laxmi Narain Mohanlal. It was alleged that the accident had taken place due to the rash and negligent driving of the bus by its driver. The applica

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