Miss Shukla, J.–1. This is an appeal against the order dated 2.1.1997 passed by the Second Additional Motor Accidents Claims Tribunal, Khandwa dismissing the petition for compensation filed under section 166 of the Motor Vehicles Act, 1988.

2. Deceased Shanker alias Ashok was the son of Late Shri Beni Prasad Tiwari. Appellant No.2 Rameshwar Tiwari is the brother of Late Shri Beni Prasad. Appellants No, 1 and 3, namely, Anil Tiwari and Tarabai are the son and wife of Rameshwar Tiwari. They claim to be the legal representatives of deceased Shanker on the ground that having lost his mother while he was a small child, he was brought up by his uncle Appellant No.2. His father had also expired in the year 1987, and the deceased had left no other heirs except the appellants.

3. The case of the appellants was that deceased Shanker alias Ashok was working as a cleaner on the truck of Janinder Singh respondent No.2 and was getting a salary of Rs. 1,500/- per month. Respondent No.1 was the driver of this truck which was insured with respondent No.3. This truck met with an accident on 16.2.1995. It dashed against a tree resulting in the death of Shanker on the spot. They had claimed a sum of Rs. 8,93,000/- as compensation for his death.

4. The owner and driver of this truck filed a joint written statement of denial of all averments made in the claim petition except that of ownership and insurance and also that respondent No.1 was the driver of the truck. No attempt was made to explain the circumstances in which the accident had occurred. The Insurance Company also contested this claim and disputed the fact that the claimants were legal representatives of the deceased.

5 Learned Claims Tribunal held that Shanker alias Ashok had died in an accident with this truck and also upheld the claim of the appellants that they were the legal representatives of the deceased. But the petition was dismissed because the Tribunal held that rashness and negligence of the driver was not proved.

6. In this appeal the findings of the Tribunal about rash and negligent driving have been challenged on behalf of the appellants. It was argued that this was one such case where the doctrine of res ipsa loquitor ought to have been applied. The accident had occurred when the truck was negotiating a turn near village Padwase on the Faizpur-Bhusawal Road as was described by driver Saheb Singh in the first information Report Ex. P. 6 lodged by him at police Station Faizpur. In his own report, Saheb Singh stated that he had lost control over the truck which had dashed against a neem tree, and that conductor Shanker was trapped in the cabin. A copy of the post-mortem report and death certificate were also filed at the trial. These documents filed by the claimants were authentic copies which were given to them from the police station and ought not to have been brushed aside by the Tribunal on technical grounds.

7. We have heard the arguments advanced by both the sides and have also perused the record. It is true that no eye-witness of the accident was produced at the trial. But the documents which were given to the claimants from the Police Station duly attested as true copies, speak for themselves. The driver himself reported this accident at the police station admitting the accident and the fact that Shanker was trapped in the cabin of the truck, and that only his hands were visible. That he died on the spot is clear from the post-mortem report Ex. P. 9 and death certificate Ex. P. 2. The driver of the truck did not come forward to explain the accident. Even in his pleadings no explanation was given as to how and under what circumstances the accident had occurred. The very fact that this truck left the road and going on the offside, dashed against the tree, gives rise to the presumption of negligence on the part of the driver, for in the normal course vehicles do not stray off the road and strike against trees. The burden of proof was on the other side to explain and to s