K. SAROJA Vs. SHAIK JANI MIYA

JUDGEMENT

(1.) The appellants are aggrieved by the dismissal of claim petition filed by the appellants herein, which claim petition was filed for the reason of death of the son of the 1st petitioner, by order in O.P.No.734 of 2001 dtd. 8/11/2006 passed by the Motor Accidents Claims Tribunal-cum-III Additional District Judge (FTC), ASifabad.

(2.) Briefly, the case of the claimants is that the 1st respondent's husband was owner-cum-driver of his jeep. The deceased was also working as driver of the jeep bearing No.AP-1/6642. On 25/4/1999, some unknown persons engaged the jeep to go to Vemulawada from Ramakrishnapur. Accordingly, the deceased took them in the said jeep. The owner also accompanied the deceased in the jeep. On the intervening night of 26/27/4/1999, while returning from Vemulavada, some unknown persons stopped the vehicle, dragged both the owner of the vehicle and the deceased driver and attacked them with weapons and killed them. The dead bodies were found at the distance of 230 yards from the main road, around 5.00 p.m on 27/4/1999 and accordingly police were informed. A crime was registered by the Boinpally Police station of Karimnagar District for the offences under Ss. 302 and 201 IPC on 28/4/1999. Thereafter, the police filed final report on 28/2/2002 stating that the offenders could not be detected. In the said final report, it was stated that the Sarpanch of Venkatraopalli Village lodged complaint that money of Rs.70,000.00 was stolen from the jeep by unknown offenders by killing the driver and owner of the jeep. During investigation, the police came to know that the jeep was found abandoned on 6/5/1999 in Hyderabad within Sanathnagar Police Station limits. The said jeep was produced before the VI Metropolitan Magistrate, Hyderabad. Though efforts were made to trace out the culprits who have perpetrated the crime of killing two persons, the same could not be detected and case was closed.

(3.) The claimants approached the MACT claiming compensation from the insurer of the jeep which was driven by the deceased. The tribunal found that death occurred within the limits of Boinpally Police Station in Karimnagar District and there was no proof that deaths occurred during the trip to Vemulavada. In the said circumstances, it cannot be said that the death of the deceased occurred while driving the vehicle. Accordingly, dismissed the claim.