V ARUMUGASAMY Vs. M VALLIAMMAI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the award of Rs. 2,27,000/- dated 10.10.2001 and made in MCOP No. 99 of 2000 on the file of the learned Accident Claims Tribunal (Subordinate Court), Devakottai. The appellant herein is the respondent in the claim petition. Whereas the respondents 1 to 5 are the claimants. Originally, the 6th respondent Insurance Company was not impleaded as a party to the claim proceedings. It has been impleaded, vide the order of the court, dated 24.09.2007 and made in M.P. (MD) No. 3 of 2007. The respondents 1 to 5/claimants have preferred the said claim petition before the learned Motor Accident Claims Tribunal, (Subordinate Court), Devakottai, claiming a sum of Rs. 5,00,000/- for the death of the husband of the first respondent and the father of the claimants 2 and 3 and the son of the 4th and 5th claimants, in a road traffic accident said to have been taken place on 7.4.1995 at about 8.30 a.m. at Tenaru palam, Devakottai, involving the tractor and trailer bearing registration No. TN-67-Z-2018 and TN-67-Z-2019 respectively. Unfortunately, the Insurance Company, in which the tractor and trailer were insured at the relevant period has not been impleaded as a party to the proceedings.

(2.) The appellant herein being the respondent in the claim petition has contested the claim on various grounds.

(3.) Ultimately, on appraising the evidences on record, both oral and documentary, the learned Motor Accident Claims Tribunal has passed an award of Rs. 2,27,000/- directing the respondent, being the owner of the tractor and trailer to pay this amount to the respondents/claimants with interest at the rate of 9% per annum from the date of claim petition till the date of realisation within a period of one month. Being aggrieved by the award of the learned Tribunal, the respondent stand before this court.