RANGANATHAN Vs. K GANGABAI

JUDGEMENT

(1.) This appeal has been filed by the claimant in M. A. C. T. O. P. No. 12 of 1977, on the file of the Motor Accidents Claims Tribunal, Pondicherry, against the order rejecting the claim on the ground that the claimant in the claim petition being the father of the deceased is not a legal representative and as such he cannot maintain the Claim Petition for the death of his son in an accident.

(2.) On 17-3-1977 at about 4.30 P. m. at Cuddalore main road, opposite to the A. F. T. New Mills at Mudaliarpet, Pondicherry lorry bearing registration number PYS 7857, belonging to the first respondent and insured with the second respondent, dashed against one Shivkumar, aged about 6 years, resulting in instantaneous death. Alleging that the said fatal accident was due to the rash and negligent driving of the lorry by its driver, the father of the deceased filed the said claim petition M. A. C. T. O. P. 12 of 1977, claiming a compensation of Rs. 30,000/-. from the owner, the insurer and the driver of the vehicle who had been respectively added as respondents 1 to 3 in the claim petition.

(3.) The said claim petition was resisted by all the three respondents. Their defence was that the lorry was not driven in a rash and negligent manner, that the deceased who is of tender age suddenly crossed the road and met with the accident, that the deceased was not properly looked after and maintained by his parents, that in any event the petitioner not being the legal heir to claim the compensation while the mother is alive is not entitled to file the claim petition that only in the absence of the mother who is a Class I heir, the father as Class II heir could file a claim petition and that the compensation claimed is, in any event, excessive.