Kankanala Mastanamma, v. Syed Allabaksh,

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO M.A.C.M.A.M.P.No.5096 of 2010 IN/AND M.A.C.M.A.No.296 of 2016 ORDER:

Heard the learned counsel for the appellants in the un-numbered appeal vis-à-vis the application in MACMA MP No.5096 of 2010, to condone the delay of 5 days in filing the appeal. Perused the material on record.

2. For the reasons stated in the affidavit filed in support of the petition, the delay of 5 days in filing the appeal is condoned. At request of both sides, the appeal is taken up for hearing.

3. The main contention of the appellants, who are parents of the deceased by name K.Venkatesh aged about 13 years is that though as per the claim petition, the deceased was owner or attender of the goods travelling with goods, the tribunal went wrong in disbelieving the said version and dismissing the claim against respondents 1 and 3 holding that the deceased was travelling as unauthorized passenger.

4. Whereas, it is the contention of the respondents that the award of the tribunal holds good and for this Court while sitting in appeal, there is nothing to interfere with the same.

5. The deceased boy was hardly aged about 12 to 13 years at the time of accident and it is hardly believable of he was engaging the crime vehicle and travelling as owner or attender of the goods and thereby the tribunal is right in its conclusion as otherwise he is unauthorized passenger in exonerating the insurer from the liability for no contractual liability under the policy to cover the risk.

6. Having regard to the above, for this Court while sitting in appeal there is nothing to interfere with the award of the tribunal.

7. Accordingly and in the result, the appeal is dismissed. There is no order as to costs.

8. Miscellaneous petitions, pending if any, shall stand closed. _________________________ Dr. B. SIVA SANKARA RAO, J Date:20-01-2016 pab