ELUMALAI Vs. SARASU AND OTHERS

JUDGEMENT

(1.) This is an appeal against the order passed by the Motor Accidents Claims Tribunal in MCOP No 34 of 1983, on the file of the Additional Motor Accidents Claims Tribunal (Additional Sub Judge, Salem), dated 18-11-1965.

(2.) The case of the petitioners is as follows:- The first petitioner is the wife. Petitioners 2 to 4 are the children, the fifth and sixth petitioners are the parents of one Rama Gounder, aged 40 years end having a 'Jawarisi' mill. On 2-11-1982 at about 2-30 p.m. while he was carrying 'Kuchikizhangu' from Pondicherry in the goods vehicle belonging to the first respondent, the vehicle met with an accident on account of the rash and negligent driving of the same by its driver. The driver of the bus as well as Rama Gounder died on the spot. Rama Gounder was earning a sum of Rs. 1.500.00 per month in his 'Jawarisr mill. The petitioners have filed the application for payment of compensation of Rs. 1,00,000.00.

(3.) The first respondent in his counter has slated that he had sold the vehicle on 9-10-1982 itself and on 2-11-1982 he was not the owner of the vehicle, and therefore he is an unnecessary party to the proceedings, and that the petition may be dismissed against him.