HON’BLE SRI JUSTICE R. KANTHA RAO C.M.A.NO.2240 OF 1998 Dated: 09.04.2010 BETWEEN: New India Assurance Co. Ltd .. Appellant And Sandela Rajaiah and others .. Respondents HON’BLE SRI JUSTICE R. KANTHA RAO C.M.A.NO.2240 OF 1998 JUDGMENT: This appeal is filed against the award, dated 23.07.1998 passed by the Motor Accidents Claims Tribunal-cum-II Additional Chief Judge, Warangal in O.P.No.167 of 1997. 2. The third respondent in the O.P. is the appellant herein. The claimants, who are the parents of the deceased Sandela Yelia filed the claim petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs.3,00,000/- on account of the death of the deceased, who was aged 20 years on the date of accident and was a labourer. 3. The accident occurred at 7.00 AM on 25.08.1996 while the deceased was proceeding on a tractor trailor bearing No.36T 978 and 979 T/T from Hasanparthi Village with a load of concrete. The learned Tribunal held that the death of the deceased occurred due to rash and negligent driving of the driver of the tractor trailer and consequently held that the owner of the vehicle and the appellant insurance company are jointly and severally liable to pay compensation to the claimants who are the parents of the deceased and the Tribunal granted compensation of Rs.94,200/-. 4. The appeal is by the insurance company assailing the finding of the learned Tribunal that the appellant-insurance company is liable to pay compensation. 5. I have heard the learned counsel appearing for the appellant- insurance company and none appears for the respondents. 6. The learned counsel appearing for the appellant would submit that the deceased is not permitted to travel in the tractor and he being unauthorized passenger, the learned Tribunal ought to have held that the appellant-insurance company is not liable to pay compensation. There is any amount of force in the contention urged by the appellant-insurance company since the tractor and trailor which was involved in the accident had only one seat which is intended for the driver of the said vehicle and the travel of any other passenger in the said vehicle is prohibited. The learned Tribunal failed to notice the above said fact and held that the appellant-insurance company is liable to pay compensation. The said finding is set aside in this appeal and the insurance company is held not liable to pay compensation and the owner of the tractor and trailor bearing No36/T-978 and 979 T/T alone is liable to pay compensation to the claimants. 7. However, subsequent to filing of the appeal both the claimants who are the parents of the deceased died and the summons sent to them returned with an endorsement that they died. Since the appellants are no other than the father and mother of the deceased, obviously, there were no legal representatives to be brought on record. Thus, on account of the death of both the claimants, the entire claim which is the subject matter of the O.P. filed under Section 166 of the Motor Vehicles Act before the Tribunal abates and the claim petition is liable to be dismissed. 8. Therefore, the claim petition i.e. O.P.No.167 of 1997 is dismissed and consequently the appeal is closed. It is needless to mention that the appellant-insurance company which deposited the amount pursuant to the interim orders dated 24.09.1998 passed by this Court, is at liberty to withdraw the said amount with interest accrued thereon. There shall be no order as to costs. _______________ R.KANTHA RAO,J Dated: 09.04.2010 Note: copy in a week b/o kvrm