RAJARAM Vs. MURUGESAN ALIAS SOKKAN

JUDGEMENT

(1.) ON 26.9.1990 at about 8.15 p.m., the respondent Murugesan was proceeding in a cycle in Madurai- Virudhunagar road from south to north. ONe Thiyagarajan, servant of Muthumari came from the opposite direction in a two wheeler TMT.1182 belonging to the said Muthumari at a high speed and violating the traffic rules and dashed against the respondent.

(2.) THE respondent filed a claim petition in M.C.O.P. No.1333 of 1991 on the file of Motor Accidents Claims Tribunal (Sub-Court), Virudhunagar and in which the said Muthumari and the Insurance Company were impleaded as parties. On the hearing date that was on 11.3.1992, as Muthumari did not appear before the Court even after receiving summons, the Tribunal passed an order setting him ex parte. Subsequently on 7.12.1992, Muthumari died. However, this was not brought to the notice of the Court. THE Court finally disposed of the matter on 4.2.1994 by passing an award holding that the injured respondent would be entitled for a compensation of Rs.45,000 with interest recoverable only from Muthumari and the Insurance Company was completely exonerated.

(3.) ON the other hand, the learned counsel for the respondent contended that the order setting Muthumari ex parte was passed only on 11.3.1992 when he was very much alive and that further the said order continued to be in force till the award came to be passed and in those circumstances, the claim of the petitioners cannot be accepted.