THE HONOURABLE JUSTICE G. SRI DEVI
M.A.C.M.A. No.944 of 2007
JUDGMENT :
Aggrieved of the order dated 07.02.2007 in O.P.No.134 of 2004 on the file of Motor Accident Claims Tribunal-cum-III Additional District Judge, Karimnagar, this appeal is filed.
2. The aforesaid O.P. was filed by the appellants herein, seeking compensation of Rs.8,00,000/- for the death of the husband of 1st appellant in the accident occurred on 11.08.2001. On evaluating the entire oral and documentary evidence on record, the Tribunal has dismissed the said O.P. on the ground that the petitioners-claimants have failed to establish that the accident was the result of rash and negligent driving of the 1st respondent-Driver of the lorry, and on the other hand, the Insurance Company has proved that the accident was the result of rash and negligent riding of two wheeler by the deceased.
3. Heard both sides and perused the material on record.
4. The learned Counsel for the appellants-claimants has contended that the Tribunal has failed to consider the evidence on record in proper perspective and accordingly came to the wrong conclusion that there was no negligence on the part of the 1st respondent-Driver of the lorry, but the accident was the result of negligent riding of two wheeler by the deceased himself.
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5. On a perusal of the order of the Tribunal, it is evident that the Tribunal has elaborately discussed the oral and documentary evidence adduced before it with reference to the facts of the case and came to the conclusion that there was no negligence on the part of the 1st respondent-Driver of the lorry, as he parked the Lorry on the left side of the road, but the deceased had negligently caused the accident by dashing his two wheeler to the stationed Lorry. Hence, I do not find any error or infirmity in the impugned order passed by the Tribunal dismissing the O.P. filed by the claimants.
6. Therefore, this appeal is devoid of merit and it is accordingly dismissed. No order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
____________________ JUSTICE G.SRI DEVI Date: 16.12.2021 ajr