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1990 Supreme(Mad) 671

J.KANAKARAJ, K.VENKATASWAMI
Dhanaraj – Appellant
Versus
Rubia – Respondent


JUDGMENT

J. Kanakaraj, J.

1. The parents of the victim in a motor accident are the appellants before this Court. The appellants filed a claim petition M.O.P. No. 370 of 1982 on the file of the Motor Accidents Claims Tribunal, Chengalpattu, claiming a sum of Rs. 11,00,000/- as compensation, arising out of the accident on 24.3.1982 resulting in the death of their son. The case of the appellants is that on 24.3.1982 at about 11 a.m. their son Ethiraj had parked an Ambassador car driven by him on the left hand side of the G.S.T. Road and was standing outside the car by keeping the right hand side door open. At that time, the Ambassador car bearing registration No. TMV 8481 coming in the opposite direction and driven rashly and negligently dashed against the deceased Ethiraj causing fatal injuries. The first respondent owner of the car TMV 8481 remained ex pane. The second respondent insurance company filed a counter statement contending, inter alia, that the driver of the tourist car TMV 8481 had no licence to drive a taxi vehicle and, therefore, the insurance company is not liable to pay any amount. The other particulars regarding the quantum of compensation were also generally denied.

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