SHAIK BABUMIYA Vs. GENERAL MANAGER APSRTC

JUDGEMENT

(1.) Appellants who are the husband and children of Smt. Khaja Bee (the deceased) filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (the Act), seeking compensation of Rs.80,000/- alleging that the deceased died due to an accident caused by the rash and negligent driving of the bus belonging to the respondent. Respondent contested the petition inter alia on the ground that the deceased herself was responsible for the accident. In support of their case, appellants examined the first appellant as PW1 and another witness as PW2 and marked Exs. A1 to A6. No evidence either oral or documentary was adduced on behalf of the respondents. It should be stated that the appellants also filed a claim petition under Section 140 of the Act seeking compensation under no fault liability. The Tribunal clubbed both the claim petitions and recorded a finding that inasmuch as there is no evidence on record to show that the deceased died as a result of the injuries received by her in the accident, they are entitled to compensation under Section 140 of the Act and awarded Rs. 12,000/- in the claim petition filed under Section 140 of the Act and dismissed the petition filed under Section 166 of the Act. Aggrieved by the dismissal of the petition under Section 166 of the Act, the claimants preferred this appeal.

(2.) Heard the learned Counsel for appellants. There is no representation on behalf of the respondent though served.

(3.) The points for consideration in this appeal are: