CHINNI SUBBA RAO Vs. SYED KAREEMIDDIN

JUDGEMENT

(1.) This appeal is filed by the claimants against the order, dated 11.4.2001 passed by the Motor Accidents Claims Tribunal-cum-II Additional District Judge, West Godavari, Eluru in OP No.204 of 1997.

(2.) Challenging the order of the learned Tribunal to the extent it exonerated the third respondent-insurance company from the liability to pay compensation, this appeal is filed.

(3.) There is no dispute about the fact that the appellants are the sons of the deceased Venkamma, who died in a motor vehicle accident occurred on 11.4.1997 being hit by the lorry bearing A.P. 28T 8667. The learned Tribunal held that the accident took place as a result of rash and negligent driving of the driver of the first respondent, who was driving the said vehicle and there is no challenge to the said finding. However, the learned Tribunal recorded a positive finding that the driver of the offending vehicle had no valid driving licence and the said finding is challenged in the appeal by the appellant on the ground that the same is not based on reliable evidence adduced by the third respondent-insurance company and it is wholly erroneous.