MALLIKA Vs. S V ALAGARSAMI DIED

JUDGEMENT

(1.) RAMANUJAM, J. - In this appeal an interesting question of law arises, as to whether the legal representatives of the deceased who died in a motor accident, and who was himself responsible for the accident could claim compensation against the owner of the vehicle who was not directly or vicariously responsible for the accident.

(2.) ON 2nd May, 1973, one Krishnamurthi was driving a car MDA 3774, belonging to the first respondent herein and insured with the second respondent, on the national highway from Madras to Dindigul. When the car was about to reach Manapparai, it dashed against a tree standing on the left edge of the road and as a result of the impact the said Krishnamurthi died on the spot, steering rod hitting his chest. The wife and children of the deceased Krishnamurthi filed a claim petition before the Motor Accidents Claims Tribunal, Tiruchirappalli, claiming a compensation of Rs. 50,000 from the owner of the tar as well as the Insurance Company with which it was registered, on the ground that it was an inevitable accident and as such they are liable to pay compensation for the death of the deceased.

(3.) AFTER analysing the evidence in detail, the Tribunal found as follows: The deceased Krishnamurthi, his wife and children accompanied one Dr. Jayaraman from Dindigul to Madras in the car MDA 3774, belonging to the first respondent herein who is the father of Dr. Jayaraman. All of them returned in the car from Madras on 1st May, 1973. When they reached Trichy, the driver of the car by name Subramanyam felt extremely tired, and the deceased relieved him and drove the car from Trichy. While they neared Manapparai the car dashed against a tree on the left edge of the road. As a result of the impact the car was seriously damaged and Krishnamurthi sustained fatal injuries. On the facts found the Tribunal held that the accident was due to rash and negligent driving of the vehicle by the deceased and that as such the legal representatives of the deceased cannot claim compensation as against the owner or the Insurance Company. However, the Tribunal went into the question relating" to the quantum of compensation and held that a sum of Rs. 33,600 will be a fair and reasonable compensation. But in view of its earlier finding, that the deceased himself was responsible for causing the accident which resulted in his death, his legal representatives cannot claim compensation in relation to that accident, the entire claim petition was dismissed. Aggrieved by the dismissal of the claim petition, the claimants have come up in appeal before this Court.