the owner of the lorry bearing No.AP 12 6970, impugning the award of the tribunal dated 17.05.2007 in O.P.No.730 of 2005 on the file of the learned Chairman, Motor Accidents Claims Tribunal-cum-III Addl.Chief Judge, City Civil Court, Hyderabad ( for short, ‘Tribunal’) , filed under Section 166 of the Motor Vehicle Act,1988 (for short, ‘the Act’) , by the 5 claimants, all dependants, no other than the wife, minor children and parents of the deceased G.Malli Reddy, for his death, for a claim of Rs.9,00,000/ - since awarded of Rs.7,02,000/ - with interest at 7.5%p.a. by fixing joint liability, preferred the appeal impugning the award of the tribunal with the contentions that the tribunal gravely erred in not considering the fact that there is violation of the policy and terms and conditions by the owner of the vehicle hired the same to the driver, under Section 157 of the M.V.Act, and the tribunal ought to have exonerated the Insurer therefrom and the same was not properly considered even the own document of the claimants covered by Ex.A.5 chargesheet and from the evidence of R.W.1 with reference to it. Hence, to exonerate the Insurer by setting aside the award of the tribunal to that extent apart from the quantum is excessive and exorbitant to reduce. Learned counsel for the appellant-Insurer reiterated the same during the course of hearing.
