IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
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CIVIL MISC. APPEAL No. 263 of 1995
SMT. DURGA DEVI & ORS.
V/S
RAM CHANDRA & ORS.
Mr. NARENDRA RAJPUROHIT for Mr. RAVI BHANSALI, for the
appellant / petitioner
Date of Order : 5.9.2008
HON'BLE SHRI N P GUPTA,J.
ORDER
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This appeal has been filed against the order
dismissing the application under Section 140 of the Motor
Vehicles Act on the ground that the motorcycle being driven
by the deceased had hit a stationary trolley, which was not
attached with the tractor, and therefore, it does not
amount to accident arising out of use of the motor vehicle,
so far as trolley is concerned. Since the record of the
learned trial Court had been requisitioned, and from
perusal of that record it transpires, that after the
impugned order, the matter was tried out finally, and vide
award dated 7.11.2000 the claim petition has been dismissed
on the same ground. It is not shown that any appeal has
been filed against that award. In that view of the matter,
the present appeal becomes infructuous and the same is,
therefore, dismissed as infructuous.
( N P GUPTA ),J.
/tarun/