K BANNARISAMY Vs. ANBALAGAN

JUDGEMENT

(1.) The appeal has been preferred by the claimants aggrieved over the grant of Rs. 25,000/- towards no fault liability by the Tribunal in the claim petition filed by them for the death of their son B.Vigneswaran, a 23 year old third year B.E., student studying at Vel's University, Chennai in the accident occurred on 8.6.2012.

(2.) Heard Mr.Ma.P.Thangavel, learned counsel for the appellants and Mr.S.Manohar, learned counsel for the third respondent Insurance Company.

(3.) The case of the appellants/claimants was that when the victim was riding the two-wheeler bearing Registration No.TN-36-Z-7814 on the Sathyamangalam to Mysore Road on 8.6.2012 at about 22.15 hours, at that time, the lorry belonging to the second respondent bearing Registration No.TN-52-1751 driven by the first respondent and insured with the third respondent, coming from Gobi to Mysore road, in a rash and negligent manner, hit the victim and caused the accident. The learned counsel for the claimants would submit that even though the First Information Report, Ex.P-1 was stated to be given by P.W.2, P.W.2 has categorically stated in his evidence that the police obtained his signature in blank papers and he did not know what were the contents. When that is the position, the Tribunal should not have relied upon the First Information Report, Ex.P-1 and the closure report, Ex.P-7. He would also point out that taking into consideration the filing of First Information Report against the victim, the parents viz., the appellants already gave a complaint to the higher police authorities through Ex.P-9 and that was not considered by the Tribunal properly. Therefore, he seeks to set aside the finding regarding negligence.