Judgment:

1. The appellants – original claimants, who are the legal heirs of deceased Mohan Changulal Ackware, have challenged judgment and award dated 03.03.1998 passed by the learned Member, Motor Accident Claims Tribunal, Dhule (hereinafter referred to as “the learned Tribunal”) in Motor Accident Claim Petition No. 633/1996 whereby the claim for compensation of the appellants has been rejected. In the appeal, the main ground of challenge is that the learned Tribunal wrongly held that the alleged offending S.T. bus bearing registration No. MH-20-A-4359 was not involved in the accident.

2. The deceased Mohan was riding on his bicycle by Dhule-Malegaon road on 10.02.1995. At that time at about 2.00 p.m., near Fauji Hotel in the vicinity of Avdhan village, S.T. bus bearing registration No. MH-20-A-4359 had given him dash by coming from opposite direction in very high speed. Due to said dash, Mohan got severely injured and died on the spot.

3. The learned Counsel for the appellants vehemently argued that the claim petition of the appellants – claimants was dismissed only on the ground of non-involvement of S.T. bus, but the Investigating Officer had in fact lodged First Information Repo