G. INDIRANI Vs. DEIVASILAI

JUDGEMENT

(1.) The claimants before the Tribunal have come forward with this appeal (a) seeking enhancement of compensation and (b) challenging the finding of the Tribunal absolving the liability of respondents 3 to 5.

(2.) In a road accident that took place on 29-04-1998, one Ganesan while riding his moped was fatally knocked down by another two wheeler as a consequence of which his legal heirs/claimants have approached the Tribunal with a claim of Rs.5,00,000.00, as against which the Tribunal has passed an award for Rs.2,85,000.00 with interest @ 9% per annum. The offending vehicle belonged to the second respondent and at that relevant time first respondent was riding it. The offending vehicle however, was not insured.

(3.) The learned counsel for the appellants has come forward with the contention that inasmuch as there is a statutory duty vested in respondents 3 to 5 to ensure that no motor vehicles ply on the road unless they are insured, and since they have not performed their statutory duty vis-a-vis, the vehicle in question, they must be made liable for the liability arising out of an offending vehicle in question.