Sarojnei Saksena, J.

1. Mr. Malik submits that in the impugned order the learned claims Tribunal has admitted that Gulshan Kumar died on December 3, 1991, in a vehicular accident. Respondent No. 1 - Dinesli Kumar was driving the offending scooter. He has admitted the accident. The Oriental Insurance Company Limited has also admitted that the said offending vehicle was insured with it. Hence the claimants are entitled to compensation under section 140 of the Motor Vehicles Act, 1988 , on account of no fault liability. The claim petition was dismissed Gulshan Kumar was negligent in driving his vehicle.

2. Mr. Malik relied on Smt. Kailash Kumari v. Bhola, (1988-1)93 P.L.R. 116; Oriental Fire & General Insurance Co. Ltd. v. Smt. Beasa Devi, (1985-1)87 P.L.R. 59 and Rawat Singh v. Sube Singh, (1995-1)100 P.L.R. 539.

3. In Smt, Kailash Kumaris case (supra) it is held that when such a application is filed in appeal, since appeal is re-hearing of the claim, such an application can be allowed. In that case also application filed under section 92-A of the Motor Vehicles Act, 1939 , was allowed in appeal.

4. In Smt. Beasa Devis case (supra) a Division Bench of the High Court has held