JAYAPRAKASH Vs. MINOR MANIKANDAN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the order of Motor Accident Claims Tribunal in M.C.O.P.No.715/1996, fastening the liability upon the owner of the vehicle and exonerating the Insurance Company. In M.C.O.P.No.715/1996, the Tribunal has awarded compensation of Rs.30,000/- for the injuries sustained by minor claimant in the road traffic accident on 21.03.1993 and liability was fastened upon the owner of the vehicle. Owner of the vehicle has filed this appeal.

(2.) BRIEF facts which are necessary for disposal of these appeals are as follows:- On 21.03.1993 at about 10.00 hours in Chinnasalem to Kallakurichi Main Road at Ulagankathan Koil, when the claimant and another were picking up tamarind fruits, the Ambassador Car with Registration No.TN 31 X 1666 came from the southern side in a rash and negligent manner and dashed against the claimant and another. Due to the accident, the claimant sustained fracture in right femur bone and wound on his back and backside of the head.

(3.) CHALLENGING the order of the Tribunal, the learned Counsel for the Appellant has submitted that at the time of accident, the offending vehicle had valid insurance policy and the Tribunal has failed to note that the vehicle had valid insurance policy. It was further submitted that the Tribunal failed to take note that in a connected case, M.C.O.P.No.142/2000, for the same occurrence, the matter was settled in Lok Adalat where the Insurance Company has settled the claim.