RAMASAMY Vs. RAJAMMAL

JUDGEMENT

(1.) THIS civil miscellaneous appeal arises out of the judgment dated 29.11.1997 passed by the Motor Accident Claims Tribunal, First Ad'ditional District Court & Chief Judicial Magis'trate, Erode In M.C.O.P. No. 218 of 1995.

(2.) IN connection with the death of one Madasamy in a vehicular accident which took place on 9.12.1991, his legal heirs, namely, wife and son who are the respondents herein, filed a claim petition before the Tribunal under Section 166 of the Motor Vehicles Act, 1988. Before the Tribunal, it was their case that, at about 6:45 p.m. on that fateful day, when the said Madasamy was riding his bicycle in Kunnathur, Pallakoundanpalayam Main Road, the first appellant herein who was com'ing in the opposite direction, driving the lorry bearing Registration No. MDT 8867 in a rash and negligent manner, dashed against the said Madasamy and sped away, thereby causing him fatal injuries. It was their further case that the deceased who was aged 40 years was get'ting not less than Rs. 2,000/- as a Maistry and hence, they are liable to be paid a compensa'tion of Rs. 3,00,000/- by the owner and the in-surer of the lorry. On the side of the claimants, three witnesses were examined and eight doc'uments were marked.

(3.) PER contra, Mr. Anandamoorthy, learned counsel appearing on the side of the re'spondents/claimants has argued that the al'leged fraud was not pleaded by the appellants either in the counter or in the additional coun'ter and the Tribunal had fixed the negligence on the lorry driver and fastened the liability on the Insurer only on proper analysis of the evi'dence available before it and in that view of the matter, the contention of the appellants that the lorry in question has been falsely implicated does not have legs to stand and should fail.