The central legal point established is the duty of the lorry driver to be observant and the rejection of 'no fault liability' due to the driver's negligence.

1. The appellants/respondents have preferred the present appeal in C.M.A.(MD).No.770 of 2007, against the judgment and decree passed in M.C.O.P.No.1216 of 1994, on the file of the Motor Accident Claims Tribunal, District Court, Dindigul.

2. The petitioners, who are the mother and minor brother of the deceased Sakthi @ Raja have filed the claim in M.C.O.P.No.1216 of 1994, claiming a compensation of a sum of Rs.1,25,000/-from the respondents, for the death of the said Sakthi @ Raja was working as a cleaner of the 1st respondent's lorry bearing registration No.TCE-7327 and the lorry was stopped at National Timber Depot at Dhadicombu road, Dindigul in order to facilitate loading of goods, at about 12.00 a.m., the driver of the 1st respondent's lorry drove the lorry at a high speed and in a rash and negligent manner and dashed it against the deceased Sakthi @ Raja and the tyre of the lorry van over the chest of the said Sakthi due to which he was crushed to death. At the time of accident, the deceased was earning Rs.780/- per month. Hence, the petitioners who are the dependents on the income of the deceased has preferred the present claim against the 1st and 2nd respondents who are the owner and insurer of the lorry bearing registration No.TCE-7327.

3. The 2nd respondent, in his counter has denied the averments in the claim regarding manner of accident, age, income and occupation of the deceased. It was submitted that the petitioners have to prove that the driver of the lorry had a valid driving licence at the time of accident. It was submitted that as the accident had taken place in a private place, the 2nd respondent cannot be held to pay any compensation.

4. The Motor Accident Claims Tribunal framed three issues for consideration in the case namely: (1) Was the accident caused by the rash and negligent driving of the driver of the 1st respondent's vehicle?; (2) Are the respondents liable to pay compensation?; (3) What is the quantum of compensation which the petitioners are entitled to get?

5. On the petitioner's side, the 1st petitioner was examined as PW.1 and the eyewitness of the accident was examined as PW.2 and 5 documents were marked as Exs.P1 to P5 namely: Ex.P1-F.I.R dated 29.03.1993; Ex.P2-post mortem report dated 29.03.1993; Ex.P3-Motor Vehicle Inspector's Report dated 30.03.1993; Ex.P4-charge sheet dated 30.05.1993; Ex.P5-copy of judgment dated 03.06.1994. On the respondents side, no witness, no documents.

6. On scrutiny of Ex.P1, the F.I.R, it is seen that the driver of the 1st respondents lorry had given the complaint. It was stated that on the date of accident, he had parked the lorry at the National Timber Depot, Dindigul, in order to facilitate loading of timber to be taken to salem and that he had asked the cleaner of the lorry namely the (deceased) Sakthi @ Raja to have his meal. It was stated that the driver had then taken rest on the driver's seat the lorry and after about two hours, he had been requested by the loadmen to take the lorry ahead in order to facilitate easy loading of timber in the lorry. When the driver of the lorry had moved the lorry forward, he had sensed that he had moved over the body of a person. The driver of the lorry had immediately stopped the lorry and had taken seen that the back right tyre of the lorry had moved over the chest of the (deceased) Cleaner who had died. It was stated that the accident had occurred only due to the negligence of the lorry driver.

7. PW.2, Angamuthu, the foreman, at the National Timber Depot, Dindigul, had adduced evidence that the deceased Sakthi @ Raja, who is the cleaner of the lorry, had been lying besides the lorry, in a south-west direction and that when the driver of the lorry was asked to move the lorry forward, he had not taken the lorry straight ahead but had taken it in a zigzag manner due to which the tyre of the lorry ran over the deceased Sakthi @ Raja, who was resting on the side to the right of the lorry and caused the acciden