RAJAMANICKA COUNDER Vs. KALIAPERUMAL

JUDGEMENT

(1.) THE owner of a Tractor involved in an accident, aggrieved by the judgment and decree of the Motor Accident Claims Tribunal, (Principal Sub-Judge) Pondi-cherry, made in M.A.C.T.O.P. 123 of 1992 on 24.06.1997, has preferred this Civil Miscellaneous Appeal.

(2.) IN respect of death of one Periasamy in a vehicular accident that took place on 04.10.1989 at about 1:30 p.m., his parents filed a Claim Petition before the Tribunal seeking compensation of Rs.1 lakh from the respondents who were the owner, driver and insurer of the Tractor in question. According to them, the deceased was one of the travellers in the Tractor which was driven by its driver in a rash and negligent manner while bringing agricultural labourers from the field and hence, the respondents are liable to pay the compensation. On their side, the father of the deceased and one Veerappan, an eye-witness to the accident were examined as P.Ws.1 and 2 respectively besides the First INformation Report, Accident INspection Report and Post-Mortem Certificate which were marked as Exs.P.1 to P.3 respectively.

(3.) PER contra , Mr. R. Natarajan, learned counsel for the respondents/ claimants has contended that the accident was caused only due to the rash and negligent driving of the Tractor driver and hence, the respondents/claimants are liable to be compensated for the death of their 21 years old son.