IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- 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 ----- 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/