NARASAMMA Vs. NATIONAL INSURANCE COMPANY LTD.

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.) WHEREAS it is the contention of the learned Standing Counsel for the second respondent to the claim petition, insurer that the appeal itself is not maintainable for dismissal of the appeal against the owner of the vehicle for non -payment of process to serve notice that too when he was not remained ex parte before the Tribunal having contested and even otherwise, there are no merits to interfere with the contentions in the grounds of appeal against the reasoned and well considered award of the Tribunal in dismissing the claim. Hence, prayed to dismiss the appeal.