NEELAKANTAPPA Vs. MURUGESH

JUDGEMENT

(1.) THE petitioners in m. V. C. No. 559 of 1996 are awarded compensation for death of one Ramaswamy. The Tribunal directed the owner of the tractor-trailer to pay the compensation. The claim against the insurer is dismissed. The owner is in appeal seeking fastening of the liability on the insurer. The owner-appellant is dead; his L. Rs. have come on record.

(2.) THE material in criminal prosecution discloses that owner of the tractor-trailer was driving the vehicle without licence and caused the accident. The owner-appellant takes a plea before the Tribunal that he was not driving the vehicle. But other person was driving who was duly licensed.

(3.) THE Tribunal has rightly rejected the plea of the owner-cum-driver on the basis of authentic material found in the related criminal case.