NAGAMMAL Vs. AYYANAR

JUDGEMENT

(1.) The claimants are the appellants in this Civil Miscellaneous Appeal. They are aggrieved by the impugned Judgment and Decree dated 23.12.2009 passed by the Motor Accidents Claims Tribunal (Principal District Court), Villupuram District, Villupuram in M.C.O.P.No.125 of 2008.

(2.) By the impugned Judgment and Decree, the Tribunal has disallowed the claim petition filed by the appellants. The impugned Judgment and Decree is sought to be assailed by the appellants on the ground that the Tribunal erred in disallowing the claim primarily on the ground that the appellants/claimants who are the sisters and brother of the deceased Ramasamy were aged about 45, 43, 40 and 35 years respectively at the time of filing of the claim petition and were therefore not the dependents of the deceased Ramasamy who was aged about 28 years at the time of the accident.

(3.) It is submitted that the Insurance Company has been absolved of the liability by the Tribunal on the ground that the Tractor belonging to the respondent was neither insured nor involved in the accident. It is submitted that the respondent owner of the Tractor involved in the accident was liable to pay the compensation under Section 140 of the Motor Vehicles Act, 1988. The learned counsel for the appellants prayed that at least Rs.50,000/- be ordered under Section 140 of the Motor Vehicles Act, 1988 for "no fault liability".