- (1.) THIS appeal is directed against the order dated 4.10.2000 passed by the Motor Vehicle Accident Claims Tribunal- cum-III Additional Chief Judge, City Civil Court, Hyderabad in OP No.219 of 1996.
(2.) ORIGINALLY E. Jangaiah (first petitioner) filed claim petition under Section 166 of the Motor Vehicles Act for compensation of Rs. 1,00,000/- on account of the injuries sustained in the motor accident said to have been occurred at about 1600 hours on 13.2.1996 due to involvement of lorry bearing No.APR 990. The first respondent is the owner of the offending vehicle and the second respondent is the insurance company with which the vehicle was insured at material time. However, E. Jangaiah, the first petitioner died three years after filing the claim petition and thereafter, the appellants (petitioners 2 and 3) i.e., his wife and minor son were brought on record as his legal representatives as per the orders of the Tribunal below in IA No. 1735 of 1999, dated 13.12.1999. The learned Tribunal below made an enquiry into the claim petition during the course of which PWs.1 and 2 were examined and Exs.A1 to A10 were marked on behalf of the appellants and no oral or documentary evidence was let in by the respondents.
(3.) I have heard the learned Counsel appearing for the appellants and the learned Standing Counsel appearing for the respondent By its order dated 4.10.2000, the learned Tribunal dismissed the claim in toto holding that in the absence of any evidence showing that the death was caused due to injuries sustained by the first petitioner in the accident and also in view of the provisions of Section 166 of the M.V. Act, this being compensation claimed relating to personal injuries sustained by the first petitioner, the appellants/petitioners 2 and 3, who are the legal representatives of the deceased-1st petitioner, are not entitled to claim any compensation and holding as such, the learned Tribunal dismissed the claim petition.;