HON’BLE SRI JUSTICE R.KANTHA RAO C.M.A.NO.2567 of 2000 DATED: 18.01.2010 BETWEEN: Smt T.Shyamala and others …Appellants And Smt P.Basaweshwari and another … Respondents HON’BLE SRI JUSTICE R.KANTHA RAO C.M.A.NO.2567 of 2000 JUDGMENT:- This appeal is directed against the order, dated 20.04.1998 passed by the Motor Vehicle Accident Claims Tribunal-cum-District Judge, Ranga Reddy District at Saroornagar in O.P.No.507 of 1993. 2. The claimants before the Tribunal are the appellants herein and they challenged the order by which the claim petition was dismissed holding that the motor vehicle i.e. ambassador car bearing No.APU 9293 which was allegedly involved in the accident was not proved to have been involved. 3. I have heard the learned counsel appearing for the appellants-claimants and the learned counsel appearing for the second respondent – insurance company. 4. According to the claimants, while the deceased T.Radha Kishan Rao was proceeding on motorcycle, an ambassador car bearing No. APU 9293 belonging to the first respondent which was validly insured with the second respondent came at fast speed and dashed the motorcycle at Kothapet Cross Road at about 0015 hours and inconsequence thereof, the deceased received grievous injuries. Ultimately, he succumbed to the injuries at 3.25 AM while undergoing treatment at OGH, Hyderabad. 5. To prove the said version, the appellants examined one K.Murali Krishna as PW.2, who claims to have witnessed the accident. He, of-course deposed in his deposition before the learned Tribunal that he in fact witnessed the accident which had taken place, as averred by the appellants in their claim petition. This witness also stated before the Tribunal that he went to the police station and informed to the police that he witnessed the accident. The appellants filed Ex.A.1 attested copy of first information report. According to which one T.Harinath Rao, who is the uncle of the deceased witnessed the incident and lodged the first information report. They also filed Ex.A.3 – certified copy of the charge sheet, which indicates that seven months after the incident the investigating officer came to know about the involvement of the ambassador car bearing No. APU 9293 in the accident. It is interesting to note that the name of PW.2 is not mentioned in the first information report nor was he cited as witness by the police in the charge sheet. The appellants did not examine uncle of the deceased, who lodged FIR with the police about the accident. 6. At the inception, in the counter filed by the second respondent- insurance company, it was flatly denied the involvement of ambassador car in the accident. It is true that the charge sheet is only a piece of evidence, but it is not conclusive proof of the factum of involvement of ambassador car in the accident. In view of the facts and evidence narrated above, it is obligatory on the part of the appellants – claimants to prove independently by convincing evidence that in fact, the ambassador car bearing No. APU 9293 was involved in the accident. The first respondent – owner of the said vehicle remained ex parte. It is highly difficult to place reliance on the evidence of PW.2 whose name is not mentioned in the FIR and also not cited as witness in the charge sheet filed by the police. As rightly contended by the learned counsel appearing for the second respondent – insurance company, there is every possibility for the appellants introducing PW.2 as a witness as is evident from the way in which he testified the facts before the Tribunal. His testimony is quite unconvincing and the learned Tribunal below did not commit any error in arriving at the conclusion that the appellants failed to prove the involvement of the ambassador car bearing No.APU 9293 in the accident. The said finding of the learned Tribunal being based on evidence and reasons, does not call for any interference in this appeal and the same is affirmed. 7. For the foregoing reasons, the appeal fails and the same is dismissed. There shall be no order as to costs. __________________ R. KANTHA RAO,J Date: 18.01.2010 kvrm HON’BLE SRI JUSTICE R.KANTHA RAO C.M.A.NO.2567 of 2000 18th JANUARY, 2010