N.NARSIMHULU Vs. G.SRINIVASULU

JUDGEMENT

(1.) The claimants, who are the parents of the deceased, Nallaganti Ramulu, aged about 22 years at the time of accident and claimed to be studying final year of B.Com, filed O.P.No.493 of 2004 on the file of the Motor Accident Claims Tribunal-cum-I Additional District Judge, Mahabubnagar (for short 'the Tribunal'), claiming compensation of Rs.3,00,000/- against the owner and insurer of auto bearing No.AP-22-U-8396. The Tribunal by order dated 20.11.2006 dismissed the O.P. Impugning the same, the claimants preferred this appeal with the contentions that the award of the Tribunal is contrary to law, weight of evidence and probabilities of the case; the Tribunal erred materially in not properly reading the evidence adduced; the Tribunal ought to have considered the evidence of P.W.2, who is an eyewitness to the occurrence; the Tribunal should have seen that the police, after conducting investigation, filed charge sheet against the driver of the auto; the Tribunal should have drawn attention to Ex.A.13 referral card dated 28.05.2004, whereby the injured (since died) was referred by Government Hospital, Mahabubnagar, to Osmania General Hospital, Hyderabad, mentioning that the injuries occurred due to road traffic accident, and thereby, sought for setting aside the dismissal award of the Tribunal and to allow the claim as prayed for.

(2.) Learned counsel for the appellants reiterated the said contentions.

(3.) The first respondent, who is the owner of the auto, remained ex parte before the Tribunal. Even served, he failed to put up appearance before this Court and hence, taken as heard to decide the matter on merits.