The appeal is against the judgment and order dated 06-03-20 03 passed by learned member, Motor accident claim Tribunal at Mumbai in Claim application no-367 of 2003 whereby the claim under Section 163-A of the Motor Vehicles Act for sum of Rs three Lakhs was dismissed.

2. Heard submissions at the Bar.

3. Facts are:-

Mrs. Sneha Pradeep Vaikar, aged 19 years, married daughter of the claimants was travelling by Fiat Car MH-01-P-2857 with her Husband Pradeep and Krishna Ghule on 04-11-2000 on Pune Mumbai Road. The Motor Tempo bearing Registration No. MH-12-R-7493 collided with it. Sneha died as result of the accident while her Husband Pradeep died and their Son Krishna were seriously injured. It is case of the appellants that their daughter was working in Vinay Roadways and earning sum of Rs. 2500 to 3000/- per Month.

4. The contention on behalf of the appellants is that claim tribunal held that Insurer gave their address at New Mumbai. And applicants gave their address in Punekar Chawl, D.P. wadi, Ghodapdeo, Mumbai while in Application No. 366 of 2003 applicants gave their address in at Navi Mumbai. That application was entertained and decided by the Tribunal on merits. On the