LAWS(MAD)-2018-8-109

ASALAMBIKA FARM SERVICE Vs. KARUPAYEE

Decided On August 09, 2018
Asalambika Farm Service Appellant
V/S
Karupayee Respondents

JUDGEMENT

(1.) This appeal has been filed by the appellant / 2nd respondent questioning the liability.

(2.) According to the respondents 1 to 4 / claimants, due to the 5th respondent's / 1st respondent's rash and negligent driving of the non- registered Tractor, belonged to the appellant / 2nd respondent and the 6th respondent / 3rd respondent, the deceased, who was coming on the opposite direction by riding a two wheeler, died on the spot. The Tribunal has awarded a sum of Rs. 4,46,000/- and fixing equal liability, the Tribunal has directed the appellant / 2nd respondent and 6th respondent / 3rd respondent to equally pay the award amount with 7.5% interest.

(3.) The learned counsel appearing for the appellant / 2nd respondent would submit that the appellant / 2nd respondent is only an agent of the manufacturer of Tractor and he has sold the vehicle to the 6th respondent / 3rd respondent. The 6th respondent / 3rd respondent has not raised any plea to the effect that the sale consideration was not paid and if such plea would have been taken, the appellant would have produced the documents before the Tribunal that the sale consideration was received. Though the Tribunal has come to the conclusion that the vehicle was purchased by the 6th respondent / 3rd respondent, it has erroneously fixed liability on the appellant / 2nd respondent also. Therefore, the liability fixed on the appellant / 2nd respondent may be set aside and the 6th respondent / 3rd respondent may be directed to pay the entire compensation amount. In the alternative, he would submit that the Tribunal has erroneously fixed a sum of Rs. 3,000/- as monthly income of the deceased without any valid proof and awarded higher compensation and the same may be reduced. Thus, he prayed to allow this appeal.