VELANKANNI Vs. CORPORATION OF MADRAS

JUDGEMENT

(1.) THESE two appeals arise out of the award of the Motor accidents Claims Tribunal (Chief Court of Small Causes), Madras , (in short the Tribunal) dated 15-4-1997 , passed in M. C. O. P. No. 3522 of 1995. C. M. A. No. 1072 of 1999 has been preferred by the claimant as against the quantum of compensation while C. M. A. No. 184 of 1998 has been preferred by the Corporation of Chennai as against that part of the award holding that the vehicle involved in the accident was not covered by the policy taken with the insurance company and, therefore, Corporation of chennai alone is liable to pay the compensation.

(2.) IN this judgment, we refer to the appellant in C. M. A. No. 1072 of 1999 as claimant and the Corporation of Chennai as the first respondent, vehicle owner as the second respondent and the insurance company as the third respondent.

(3.) HAVING heard the learned counsel for the respective parties and on a perusal of the impugned award as well as the evidence placed before the Tribunal, we find that there is no dispute about the accident and the employment of the deceased with the first respondent Corporation. As far as the age was concerned, the Tribunal has categorically found that the first respondent Corporation being in possession of the service records of the deceased failed to produce the same nor disputed the age claimed as 30 years. Therefore, the said conclusion of the Tribunal cannot be found fault with.