RAJAMMAL Vs. PROPRIETOR T C T BUS

JUDGEMENT

(1.) CIVIL Miscellaneous Appeal filed under Section 173 of the motor Vehicles Act, 1988 against the Judgment and award dated 27. 07. 1999 made in M. C. O. P. No. 704 of 1995 on the file of the Motor Accident Claims Tribunal (Principal District Judge), Dindigul.

(2.) THIS Civil Miscellaneous Appeal is directed against the Judgment of the Motor Accident Claims Tribunal (Principal District Judge), dindigul dated 27. 07. 1999, whereby the claim petition M. C. O. P. No. 704 of 1995 filed by the appellants herein have been dismissed.

(3.) AT conclusion of enquiry, the Tribunal heard the arguments advanced on both sides and upon a consideration of the materials on record, held that the driver of the offending vehicle, viz. , a passenger bus bearing Registration No. TN-57-A-0303 was responsible for the accident and that the first respondent, as the owner of the offending vehicle and the second respondent, as the insurer of the offending vehicle were liable to pay compensation to the legal representatives and dependants of the deceased Raju. It was further held by the Tribunal that the appellants herein/petitioners in m. C. O. P. No. 704 of 1995 were not the wife and son of the deceased Raju as claimed by them in their claim petition, nor were they the dependants of the deceased and that hence they were not entitled to any compensation for the death of the deceased Raju.