KANTHABHAI Vs. KATTABDMMAN TRANSPORT

JUDGEMENT

(1.) THESE two appeals are preferred by the legal representatives of the deceased persons in an accident that look place on 11th January, 1983.

(2.) ON 11-1-1983, a tourist taxi bearing Registration No. TMN 2623 collided head-on with a bus belonging to Kattabomman Transport Corporation as a recsult of which iwo persons, one driver of the taxiand Anr. a passenger in the taxi, died. The legal representatives of these two individuals have filed M.C.O.Ps. 49 and 67 of 1983, on the file of the Motor Accidents Claims Tribunal (Sub-Court), Tirunelveli, claiming a compensation of Rs. 60, 000 and Rs. 80, 000 respectively.

(3.) AFTER elaborately discussing the matter and in the light of the sketch drawn with reference to the accident spot and the F.I.R. and the oral evidence, the tribunal has found that the accident was on account of rash and negligent driving on the part of the driver of the tourist taxi and not due to any rashness and negligence on the pan of the corporation's bus driver. Consequently, the tribunal dismissed the applications for compensation. It may also be mentioned that even before the tribunal, on behalf of the respondent, a plea was taken, namely, thai they should have implcaded the owner of the taxi as well as the Insurance Company with which the taxi has been insured. Accepting that plea as well, the tribunal, while dismissing the petitions, has given a finding that the petitions are bad for non-joinder of proper panics.