I.M. QUDDUSI, J.

1. This appeal has been filed by the claimants against the impugned order dated 4-12-2008 passed by the Addl. Motor Accident Claims Tribunal (FTC), Balod, District Durg (C.G.) in Claim Case No. 14/2008 dismissing the claim petition, as not maintainable.

2. Brief facts of the case as per the version of the claimants are as under:

(i) The claimants are brother and sister of, deceased Gita Bai who was married with Shankarlal Halba, a resident of village Limhors. After a few days of the marriage, her husband died. Therefore, Gita Bai started residing in her maternal home at village, Faradfod. Her brother Durga Ram who is physically handicapped and Theli Bai, an unmarried sister both were also residing with the deceased.

(ii) On 21-1-2008 deceased Gita Bai was returning from the matrimonial village Limhora to village Faradfod by Tractor having Regn. No. C. G. 7-D/8765 and Trolly Registration No. C. G. 7-D/9766. When the said vehicle, which was being driven by Respondent No. 1 in a rash and negligent manner, reached near the house of one Suresh Rana of village Faradfod met with accident, as a result of which Gita Bai fell down from the Tractor and sustained grievou