- (1.)This appeal by the appellants- claimants is directed against the impugned judgment and award dated 11/03/2008 passed in MVC No. 31/1999 by the I Additional Civil Judge and Additional Motor Accident Claims Tribunal, Kolar, (for short ' Tribunal').
(2.)By its judgment and award, the Tribunal has dismissed the claim petition filed by the appellants with liberty to them to file fresh petition on the same cause of action before the appropriate Court.
(3.)The appellants being the wife and children of the deceased Sri. Doreswamy Dayalan, have filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the respondents, on account of the death of the deceased in the road traffic accident, contending that, on 2.8.1995 the deceased purchased a new Bajaj Chetak scooter and was proceeding from Railway station towards city and while he was proceeding near KEB Office of K.R. Puram, old Madras road, on the left side of the road, at about 10.45 p.m. the driver of the lorry bearing Reg.No.MYA 5608 came in a rash and negligent manner with high speed, lost control over the said vehicle and dashed against the scooter, due to which, deceased fell down and sustained multiple injuries. Immediately, he was admitted to ITI hospital and then shifted to Command hospital and he succumbed to the injuries. The said claim petition had come up for consideration before the Tribunal. The Tribunal, after hearing the learned counsel for the parties and after perusing the oral and documentary evidence available on file, has dismissed the said petition, with liberty to file fresh petition on the same cause of action before the appropriate court. Being aggrieved by the said judgment and award passed by the Tribunal, the appellants have presented this appeal.