KANTHABAI Vs. KATTABOMMAN TRANSPORT CORPORATION THROUGH ITS MANAGING DIRECTOR HAVING HIS OFFICE AT RANI THOTTAM NAGERCOIL

JUDGEMENT

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

(2.) ON 11-1-1983, a tourist taxi bearing Registration No. TMN2623 collided head-on with a bus belonging to Kattabomman Transport Corporation, as a result of which two persons, one driver of the taxi and another a passenger in the taxi, died. The legal representatives of 1 hese 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.) MR. A.R. Ramanathan, learned counsel for the corporation submitted that the above pleas were not taken before the Tribunal, and even otherwise, in the absence of proper parties, it is not possible to grant such relief. In other words, according to the learned counsel, having regard to the finding of the tribunal that the accident was on account of the rashness and negligence on the part of the taxi driver, the liability, if at all, under S. 92A of the Act will be on the owner of the taxi and consequently on the insurance company with which the taxi was insured. Therefore, the learned counsel submitted that the corporation is not liable to pay any amount under S. 92A of the Act or towards compensation.