MANIKANDARAJ Vs. EDWARD DEVANATHAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed challenging the Order passed by the Motor Accident Claims Tribunal, dismissing the Claim Petition.

(2.) According to the Appellant/Claimant on 11/9/2012, when he was waiting for unloading the Scrap materials at Sivan Street, Ganapathy Nagar, Maduravoil, a Crane belonging to the First Respondent insured with the Second Respondent was driven by its Driver in a rash and negligent manner and as a result of the same, the Iron bars unloaded by the Crane had fallen down on the Petitioner. Hence, the Petitioner suffered grievous injuries and therefore the Claim Petition was filed seeking Compensation of Rs.8,00,000..00

(3.) The First Respondent-Owner of the Crane remained ex parte. The Second Respondent-Insurer of the vehicle filed counter and denied the manner of accident as averred in the Claim Petition. It was the case of the Second Respondent that the Crane belonged to the First Respondent was not at all involved in the accident. It was also claimed that the said Crane was sold to one Karthikeyan and the Claim Petition filed without impleading said Karthikeyan, who was also Driver of the vehicle at the relevant point of time was bad for non-joinder of necessary parties.