K.J. NAVANEETHAM Vs. DHANDAYUTHAPANI AND OTHERS

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the award made in M.C.O.P.No. 771 of 2007, dated 18.05.2010 on the file of Motor Accidents Claims Tribunal, Additional District and Fast Track Court, Thanjavur.

(2.) In an accident which occurred on 14.04.2007, the 1st respondent/claimant sustained injuries, for which, he laid a claim petition in M.C.O.P.No. 771 of 2007 on the file of Motor Accidents Claims Tribunal, Thanjavur, claiming compensation of Rs. 3,00,000/- and after detailed enquiry, the Tribunal held that the driver of the Mini Bus bearing registration No. TN-49-T-3945 belonging to the appellant was responsible for the accident and awarded compensation of Rs. 1,03,000/-. Though the offending vehicle was insured with the 2nd respondent insurance company, due to non production of the driving licence, the Tribunal fastened liability on the appellant/owner of the vehicle to pay compensation. Aggrieved by such finding of the Tribunal, the present appeal has been filed by the appellant/owner of the vehicle only challenging the liability fixed on him.

(3.) During the pendency of the appeal, the appellant filed M.P(MD)No. 1 of 2013 seeking to accept the driving licence bearing No. TN-49-20050003092 dated 23.08.2005 of the driver of the Mini Bus involved in the accident, as additional evidence in the appeal and the same was allowed by order dated 29.04.2013, directing the Tribunal to take evidence on the documents produced by giving opportunities to both parties and the appellant was given liberty to submit any other additional evidence before the Tribunal and the parties were directed to appear before the Tribunal on 18.06.2013 and the learned Judge has sent his report dated 16.04.2018 along with additional evidence namely, depositions of RW1, RW2 and Ex.R1-Driving Licence which were numbered as serial Nos. 53, 54 and 52 respectively.