M AMIRUTHAN Vs. M KANNAKI

JUDGEMENT

(1.) M. Amiruthan, the owner of the Tourist Taxi involved in the accident, is the appellant herein.

(2.) THE Tribunal, in the claim petition filed by the respondents 1 to 4 for the death of the deceased due to the negligent driving of the driver of the Tourist Taxi owned by the appellant, holding that the driver of the taxi was negligent, directed the appellant to pay the compensation of Rs. 1,38,500/- and the Insurance Company, the 5th respondent herein, to pay Rs. 50, 000/- being the limited liability to the claimants.

(3.) IT is mainly contended by the counsel for the appellant, the owner of the taxi, that the Tribunal ought to have held that the driver R.W. 4 was not negligent by accepting his evidence and by rejecting the evidence of the eye-witness P.W. 2, and that at any rate, the owner of the taxi would not be liable to pay any amount, as the vehicle was insured as a Comprehensive policy with the Insurance Company and that therefore, the Insurance Company alone is liable to pay entire amount of compensation fixed by the Tribunal.