Ramaswami, J.- The claimants in O.P. No. 225 of 1965 before the Motor Accidents Claims Tribunal, Madras, whose petition has been dismissed, are the appellants. The three appellants are the brothers and sister of one Kadirvelu who was killed in a motor accident which occurred at about 1 p.m on 25th August, 1965 in Ghantz Road, Madras. The lorry bearing registration No. MDJ 2172 owned by the 1st respondent is the vehicle which was involved in the accident. Kadirvelu was actually standing on the steps of a tea shop off the pedestrian pavement east of the road and the lorry in question swerved, went over the pavement and knocked against the said tea shop, in the process jamming Kadirvelu to death. The appellants claimed a total sum of Rs. 40,000 as compensation, making the owner of the vehicle and the insurer thereof as respondents 1 and 2 respectively. The two respondents contested the petition and the Tribunal came to the conclusion that the accident was not due to any negligence or rashness on the part of the dirver of the lorry, that it was an inevitable accident due to an unforeseen mechanical defect and that therefore the claimants are not entitled to any compensation. The Tribun

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