RAMASAMY Vs. SELVARAJ

JUDGEMENT

(1.) Ramasamy, father of the deceased in a road accident, is the appellant.

(2.) The appellant, lost his son in a road accident, in which vehicle of the first respondent was involved, which has been insured with the second respondent. The Motor Accidents Claims Tribunal, Mettur, assessing the evidence let in before it, came to the conclusion that at the time of accident, the rider of the offending two-wheeler was not duly licensed to drive it. In the circumstances, the Tribunal had directed the first respondent to pay the quantified compensation amount and exonerated the insurance company. As against that, the father of the deceased is before us.

(3.) The learned counsel for the appellant is not disputing the determination of the Tribunal that at the time of accident, the driver of the offending vehicle was not duly licensed and also the quantification of damages claimed. His only grievance is that in the facts and circumstances, the insurer may be directed to pay the compensation amount to the appellant and recover it from the vehicle owner.