Honble GUPTA, J.–This appeal has been filed against the award of the Workmen Compensation Commissioner, refusing the appellants application filed under Section 140 of the Motor Vehicle Act, in a claim filed by the claimants, under the Workmen Compensation Act.

(2). According to the averments of the claim, the deceased was employed as Khalasi on the truck, on the fateful day, the truck was parked in RIICO Area for being unloaded. At that time, it is alleged that after alighting from the truck, the deceased vomited blood, and died. It is, on the basis of this sequence of events, that the claim petition was filed, and the provisions of Section 140 are sought to be invoked.

(3). For deciding the question about applicability of Section 140, I may gainfully quote the relevant part of Section 140, being Section 140(1) which reads as under:-

``(1) Where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation in respect of such death or disablement in accordance with the pro

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