MADAPPAN Vs. K.VENKATACHALAPATHY

JUDGEMENT

(1.) While C.M.A.No.1017 of 1998 is filed by the second petitioner -claimant against the rejection of the claim petition, Cross Objection No.8 of 1999 is filed by the second respondent by name Dr.S.Karunakaran, who is the owner of the vehicle allegedly involved in the accident, against the finding rendered by the Tribunal that the legal representatives of deceased Marimuthu are entitled to compensation under 'no fault liability'.

(2.) The parties will be referred to as per their ranking in the original claim petition before the Tribunal.

(3.) The claim petition was originally filed by one Marimuthu and the second claimant -Madappan. The claimants are the husband and one of the sons of Sreerangayee, who was the victim of the fatal accident. The claim petition claiming compensation of Rs.2,00,000/ - for the death of Sreerangayee was filed against one Venkatachalapathy, Dr.S.Karunakaran and the Oriental Insurance Company stating they were the Driver, owner and insurer of the vehicle bearing registration No.TNP 6271. The third respondent insurance company denied any valid insurance policy for the vehicle concerned. The Tribunal after due appreciation of evidence, found that though the vehicle bearing registration No.TNP 6271 involved in the accident belonged to the second respondent, the same was not driven by the first respondent at the time of accident, but by a different person and the accident was not due to rash and negligent driving of the driver of the vehicle.