B. K. SOMASEKHARA, J.

( 1 ) THE order of dismissal of the claim petition by the Motor Accident Claims tribunal, Nizamabad in O. P. No. 243 of 1988 dated 12-6-1990 is questioned by the claimants who lodged the claim under Sec. 110-A of the M. V. Act, 1939 (for short, the Act) for recovery of Rs. 1,00,000/- alleging that their bread earner k. Ramaiah was killed in a motor vehicle accident caused (due) to the rash and negligent driving of the bus AAZ 7347 by its driver on 7-9-1988 wherein he sustained injuries and died on 17-9-1988. The claim was resisted denying the negligence on the part of the driver of the bus and entitlement of the claimants to get the compensation and the cause of the death being injuries due to the accident. The Tribunal came to the conclusion that the deceased having died ten days after the accident without there being a proof between the death and the injuries, there was no reason to treat the case as one of death to award compensation to the claimants. At the same (time) a finding was recorded that the accident was due to the rash and negligent driving of the bus by its driver.

( 2 ) THE learned Counsel for the claimants contends that the Tribunal instead of

Click Here to Read the rest of this document