Citation : 2022 Latest Caselaw 3453 Tel
Judgement Date : 6 July, 2022
HONOURABLE JUSTICE G. SRI DEVI
M.A.C.M.A. No.1407 of 2007
JUDGMENT :
Aggrieved of the order dated 03.10.2006 in
M.V.O.P.No.519 of 2002 on the file of Chairman, Motor
Accident Claims Tribunal-cum-III Additional District and
Sessions Judge, Medak, this appeal is filed.
2. The aforesaid O.P. was filed by the appellant herein,
seeking compensation of Rs.1,00,000/- for the death of Vadde
Balamma in the accident occurred on 22.11.1999. According
to the petitioner, on 22.11.1999 at about 7-00 p.m. while the
deceased Vadde Balamma along with one Nagaiah were
returning to Uthloor village on a cycle and after crossing the
Beerappagadda, a jeep bearing No. AP.12.B.9094 proceeding
from Narsingi side was driven by its driver in rash and
negligent manner at high speed and dashed the cycle, due to
which the deceased fell down from the cycle, sustained
grievous injuries on head and other vital parts and was shifted
to Government Hospital, Jogipet and from there to Gandhi
GSD, J MACMA.No.1407 of 2007
Hospital, Secunderabad, where she succumbed to injuries.
On evaluating the entire oral and documentary evidence on
record, the Tribunal has dismissed the said O.P. on the ground
that the petitioner-claimant has failed to file any document to
prove the relationship of the petitioner with the deceased.
3. Heard both sides and perused the material on record.
4. The learned Counsel for the appellant-claimant 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 is no relationship
between the petitioner and the deceased.
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 is
no relationship between the petitioner and the deceased, as
the petitioner failed to file any document to prove their
relationship. Hence, I do not find any error or infirmity in the
GSD, J MACMA.No.1407 of 2007
impugned order passed by the Tribunal dismissing the O.P.
filed by the claimant.
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: 06-07-2022
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