Heard the learned Counsel appearing for the appellant-insurance company and the learned Counsel appearing for the respondents/claimants.

2. This appeal is filed by the National Insurance Company Limited which was the third respondent before the Tribunal below against the order dated 22.3.2004 passed by the Motor Accidents Claims Tribunal-cum-Principal District Judge, Khammam in OP No.616 of 1997.

3. Shaik Afzal Miya, a carpenter, aged 30 years while returning from Domercharla Village by walk, was knocked down by an Ambassador Car at about 12.30 a.m., as a result of which he fell down and the said car ran over him. On receiving severe injuries, he died on the spot. One P. Ramulu, who was coming by walk along with the deceased informed PW1, the wife of the deceased about the accident. However, a case in Crime No.15 of 1997 came to be registered at Wadepally Police Station basing on the information received from a third party. The said report was to the effect that while the deceased was proceeding by walk, an Ambassador Car driven in a rash and negligent manner at fast speed, dashed him causing his instantaneous death. The fact, therefore, remains that in the First Information