B. K. SOMASEKHARA, J.

( 1 ) THE claimants who are the parents of the deceased Pallamal Dorairajan who died in a motor vehicle accident on 23-7-1984 due to the rash and negligent driving of the lorry bearing No. AAC 7594 by its driver while going from mattam village to Srikalahasti, laid a claim for recovery of Rs. 80,000/- under section 110-A of the Motor Vehicles Act, 1939 (the Act) in M. V. O. P. No. 217 of 1987 as against the first respondent, the owner of the lorry and second respondent, the insurer. The Tribunal having held an inquiry into the controversies raised by the contesting respondents held that the accident was due to rash and negligent driving of the vehicle by the driver of the lorry, that the claimants were entitled to recover Rs. 73,000/- by way of compensation but the claim petition cannot be allowed in view of the fact that the claimants failed to prove that the driver of the lorry had been authorised by the respondent no. 1 to carry the passengers including the deceased. Aggrieved by that, the appeal is filed.

( 2 ) THE learned Counsel for the appellants contended that the Tribunal was wrong in dismissing the claim petition on such ground when there was material

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