JUDGMENT :

J.J. MUNIR, J.

1. This claimant’s appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award of Mr. Sarvat Ali Khan, the Motor Accident Claims Tribunal/ the Additional District Judge, Court No. 1, Allahabad dated 24th February, 2001, declining the claim under Section 166 of the Act last mentioned and awarding for ‘no fault’ liability alone.

2. The facts giving rise to this appeal make a brief count.

3. On the 16th of June, 1997 in the morning hours, the claimant’s husband, Ramroop was proceeding from his Village to Atrampur Post Office in order to withdraw and deposit money. After finishing his work, he was proceeding to Post Office Senghar when at about 11.30 a.m. Truck No. UP-70H-9920, driven at a high speed, proceeding from the Allahabad end of the road, approached. The driver operating the vehicle negligently hit the deceased’s bicycle on the rear side, crushing him under its wheels. The accident is said to have happened in front of one Satya Narain’s house, the Local Sarpanch. The truck escaped towards Pratapgarh. Ramroop, the claimant’s husband died on the spot. He left behind him a family of three dependents, to wit, his widow