NARASAMMA Vs. M NARASIMHULU

JUDGEMENT

(1.) The appellants-claimants filed this appeal having been aggrieved by the Order/Award of the Chairman of the Motor Accident Claims Tribunal-cum- I Additional District Judge, Mahabubnagar, (for short, 'Tribunal') in O.P.No.213 of 1998 dated 07.12.2004.

(2.) The claimants are none other than mother, wife and minor children of Chakali Swamy (hereinafter referred to as 'the deceased'). They filed the claim petition under Section 166 of the Motor Vehicle Act, 1988, seeking compensation of Rs.2,50,000/- for the accidental death of the deceased against the Tractor- Trailor bearing No.AP-22/C.1586-1587 belong to the claim petition first respondent, insured with the claim petition second respondent and covered by Ex.B.1 policy, stating that the accident on 21.12.1997 was the outcome of the rash and negligent driving of the driver of the said tractor and trailor. The learned Chairman of the Tribunal dismissed the claim holding that neither the owner of the tractor and trailor nor the insurer of the said vehicle were found liable to pay compensation to the claimants.

(3.) Impugning the said award of the Tribunal dated 07.12.2004, the appeal is filed with the contentions that the dismissal of the awarded by the Tribunal is contrary to law, weight of evidence and probabilities of the case, that the Tribunal erred in dismissing the claim petition basing on evidence of P.W.2 when other documents reveal that the death occurred due to the accident caused by the first respondent's vehicle, that the Tribunal ought to have considered the findings of the Investigating Officer, who went to the accident place and after enquiry stated in the charge sheet that the deceased was involved in the accident caused by the crime vehicle of the first respondent and thereby sought for setting aside the impugned award and to allow the claim of the claimants as prayed for.