ORAL ORDER

1. The present appeal is filed by the appellant/s-original claimants under Section 173 of the Motor Vehicles Act, being aggrieved by and dissatisfied with the judgment and award dated 4.7.2005 passed by the Motor Accident Claims Tribunal (Aux.), Vadodara in Motor Accident Claim Petition No.435 of 2002, by which, the Tribunal has dismissed the claim petition and imposed cost of Rs.3,000/- to be paid by the claimant/s to the opponent no.3-insurance company.

2. The facts of the present appeal are as under :

2.1 The claim petition is filed by the claimant/s stating that on 7.12.2001, at about 5.30 p.m., the claimant who is agricultural labourer was returning home on kachha road, at that time, the opponent no.1 came driving his truck no.GRQ 7043 carelessly and at an excessive speed and without blowing horn and he lost the control over the truck and dashed with the applicant from front side. Therefore, the claim petition is filed for c