N.SHANKAR Vs. K.DEVAGIRI

JUDGEMENT

(1.) THE unsuccessful claimant preferred this appeal having been aggrieved by the Order/Award of the learned Chairman of the Motor Accidents Claims Tribunal - cum -I Additional District Judge, Mahabubnagar, (for short, 'Tribunal') in M.V.O.P.No.338 of 2004 dated 28.12.2006, dismissing the claim petition against his claim of Rs.1,25,000/ -(Rupees one lakh twenty five thousand only), in the claim petition under Section 166 of the Motor Vehicle Act, 1988 (for short, 'the Act').

(2.) HEARD Sri P.Gangarami Reddy, the learned counsel for the appellant and Smt.A.Jayanthi, learned standing counsel for the 3rd respondent. Notice to respondent Nos.2 and 3 sent and served, but not appeared and they also remained exparte before the Tribunal and thus taken as heard respondent Nos.2 and 3 to decide on merits. Perused the material on record. The parties hereinafter are referred to as arrayed before the Tribunal for the sake of convenience in the appeal.

(3.) WHEREAS , it is the contention of the 3rd respondent insurer that the Tribunal is right in coming to the conclusion having recorded the evidence fresh in mind by appreciation of the facts and for this Court while sitting in appeal, there is nothing to interfere with the dismissal of the claim. Hence, to dismiss the appeal which is nothing but vexatious with costs.