Hon’ble Dr. Kaushal Jayendra Thaker, J.—Heard Sri Madhav Jain for the appellant and Sri S.K. Srivastava for the respondent - Insurance company.

2. This appeal is challenged by the destitute parents of the deceased, who died in vehicular accident. The claims Tribunal, who tried Motor Accident Claim Petition No. 71 of 1983, dismissed the same on hyper-technical ground holding that the claimants in the claim petition had alleged that the driver of the bus was driving the vehicle rashly and negligently and, therefore, when it was found that the bus was not being driven rashly and negligently but it was the driver of the mini-bus, who drew the bus rashly and negligently. On this count, the claim petition was dismissed.

3. Learned counsel for the appellant Sri Madhhav Jain has assailed the said judgment.

4. The Tribunal dismissed the claim petition. This judgment is assailed on the ground that the Tribunal had no business to review the judgment given in Mangal Chand Jain in M.A.C.P. No. 71 of 1983 dated 4.2.1986, which reads as follows :

“The petition of the claimants under Section 110-A of the Motor Vehicles Act, 1939, is allowed ex parte with ex parte costs. The opposite partie