( 1 ) THIS appeal is directed against nil award dated 20. 3. 1989 of motor Accidents Claims Tribunal, Rewa, whereby the claim of all the appellants who are widow and parents of deceased raju, was rejected.

( 2 ) DECEASED Raju who was a rickshaw puller died in an accident in the night of 3. 9. 1986 at about 9. 30 p. m. near Bhuriya tanki in the area of Bansnagar Colony, rewa, near P. D. S. Crossing. Raju was coming on his cycle-rickshaw and truck no. MPA 8485 driven by Munnalal was coming from the opposite direction, the truck struck against the cycle-rickshaw and Raju was killed.

( 3 ) THE Tribunal declined to award anything on the ground that it was not established that the erring truck was MPA 8485. It may be noticed that this truck was insured with respondent No. 3 and was owned by respondent No. 1 and driven by respondent No. 2.

( 4 ) IN order to establish that this was the erring truck the claimants had proved that f. I. R. which was lodged on the night of the incident itself by Jyanendra Shrivastava, AW 5, at 10 p. m. Number of this truck is mentioned in the F. I. R. on the basis of information given to Shrivastava by some boy described by him as Thakur, who a