The insurance company has a duty to investigate the accident and adduce evidence to show that the contents of the charge-sheet are false.

B. Chandra Kumar, J.

1. Challenging the order dated 03.05.2005 passed in O.P. No. 2133 of 2001 by the Motor Vehicles Accidents Claims Tribunal - cum - III Additional Chief Judge, City Civil Court, Hyderabad ('the Tribunal', for brevity), the claimants filed this appeal.

2. The appellants herein are the claimants and the respondents herein are the respondents before the Tribunal and for the sake of convenience, the parties will be hereinafter referred to as per their array before the Tribunal.

3. The first claimant is the wife, second claimant is the minor daughter, third claimant is the minor son and the fourth claimant is the mother of the deceased original claimant. The brief facts of the case are as follows:--

4. On the fateful day of 19.09.2001 at about 10:00 p.m., the deceased was proceeding on a scooter bearing registration No. AP 23 A 9260 slowly on the extreme left side of the road from Pragnapur to Siddipet. It is alleged that the offending lorry bearing registration No. ABT 3, belonging to the first respondent and insured with the second respondent insurance company, being driven by its driver in a rash and negligent manner and at high speed, came and dashed against the scooter of the deceased from behind. The deceased sustained fatal injuries and died on the spot. The scooter was also completely damaged. The police, Gajwel, registered a case in Crime No. 104 of 2001 under Section 304A IPC. The claimants further contended that the deceased was aged about 30 years at the time of accident and he was running a wine shop in the name and style of 'Sri Sairam Wines' and earning Rs. 10,000/- per month. It is also contended that the deceased also used to do civil contract works in addition to the wine business. The claimants claimed a total compensation of Rs. 8,00,000/-.

5. The owner of the vehicle - first respondent remained ex parte. The second respondent -Insurance Company contested the matter on various grounds. The age, occupation and the income of the deceased, as contended by the claimants, have been denied. The Insurance Company averred that it is not admitting the involvement of the vehicle in the accident and further contended that the accident occurred by unknown vehicle. However, it is further averred that the accident occurred due to negligence of the deceased as he was riding a scooter without having driving licence and without observing the traffic rules and confusing the driver of the alleged offending vehicle.

6. The Tribunal framed the following issues for trial:--

1. Whether the accident in question took place on 19.09.2001 at about 10:00 p.m. due to rash and negligent driving of the lorry bearing No. ABT 3 by its driver?

2. Whether the petitioners being L.R.s of the deceased are entitled for compensation? If so, to what amount and from whom?]

3. To what relief?

7. On behalf of the claimants, the first claimant herself was examined as P.W. 1 and P.Ws. 2 and 3 were examined and Exs. A.1 to A. 10 were marked. On behalf of the respondents, no oral and documentary evidence has been adduced except marking the copy of the Insurance Policy as Ex. B. 1.

8. On issue No. 1, the Tribunal came to the conclusion that the claimants have failed to prove the involvement of the offending vehicle in the accident. On issue No. 2, the Tribunal came to the conclusion that since the claimants have failed to prove the involvement of the offending vehicle in the accident, no award can be passed against the respondents. Holding so, the Tribunal dismissed the claim petition.

9. Heard both the learned counsel.

10. The main question that arises for consideration in this appeal is whether the claimants have proved the involvement of the offending vehicle in the accident; and what is the just and reasonable compensation to which the claimants are entitled.

11. It is not in dispute that one N. Sridhar Rao lodged the complaint with the police, Gajwel and a case in Crime No. 104 of 2001 was registered under Section 304(a) IPC. The contents of