R AMUDHA SELVI Vs. GOVINDARAJ GOUNDER

JUDGEMENT

(1.) THIS appeal is directed against the award of the Motor Accidents Claims Tribunal, Madras, in M.C.O.P. No. 2140 of 1987. The claimants are the appellants in the above appeal.

(2.) THE claimants are the wife, children and father of the deceased Selvaraj. According to the claimants, on 5.10.1987 at about 11.30 A.M. while the deceased was travelling in a Motor Cycle TCX 7376 from South to North at Thiru. Vi.Ka. Bridge, Madras, the Tractor TDF 727 and Trailer TNJ 6319 were being driven rashly and negligently by its driver in a manner endangering the public safety. It was being driven at a dangerous speed in the same direction and dashed against the deceased and thus caused fatal accident. THE accident was purely due to the rashness and negligence on the part of the driver and hence the owner of the vehicle and the Insurance Company, second respondent were liable to pay compensation. Subsequently, due to the objections taken by the respondents, the Madras Metropolitan Water Supply and Sewerage Board, by its Chairman, was impleaded as third respondent.

(3.) ACCORDING to the claimants, the Water Board was the actual person in charge of and in control of the vehicle on the date of the accident having entered into an agreement with the owner of the vehicle and hence the tribunal ought to have awarded compensation as against the Water Board.