KALAVATHY Vs. ANNAMMAL KANAKA NEELAMBAL DURAIAMMAL RAMALINGAM SHANTHI

JUDGEMENT

(1.) First respondent in M.A.C.T. O.P.No. 1134 of 1994 on the file of Motor Accidents Claims Tribunal, Tiruvannamalai, owner of lorry bearing registration No. KA03 3614 which involved in the accident is the appellant in the above appeal. In respect of death of one Thoppai Konar in a road accident that took place on 24-2-94, his wife, daughters and son have prayed for a compensation of Rs.1,50,000/-. Before the Tribunal, 5th claimant, son of the deceased was examined as P.W.1 and one Renu as P.W.2 besides marking Exs. P-1 to P-3 in support of their claim. On the side of the Insurance Company, 2nd respondent therein, their Officers were examined as R.Ws.1 and 2 and they also marked Exs. R-1 to R-13 in support of their defence. The Tribunal on appreciation of evidence, both oral and documentary, after holding that the accident was caused due to the negligence of the driver of the lorry in question, passed an award for Rs.51,000/- and directed the first respondent therein/appellant herein, owner of the vehicle to pay the said amount. Questioning the said award, the appellant/ owner has preferred the present appeal.

(2.) Heard Mr. T.M. Venkataraman, learned counsel for the appellant-owner of the lorry and Mrs. Radhika Krishnan, learned counsel for the contesting 7th respondent United India Insurance company.

(3.) Even at the foremost, learned counsel appearing for the appellant submits that the Tribunal, instead of passing an award against the Insurance company, directed the owner of the vehicle to pay the compensation. In such a circumstance, there is no need to refer the factual details relating to negligence and quantum of compensation arrived at by the Tribunal.