This appeal has been directed against the order dated 18.3.1987 in M.C.O.P. No.386 of 1985 on the file of the Motor Accident Claims Tribunal (4th Additional Sub Judge), Madurai.

2. The respondents 1, 2 and 3 filed the above claim petition for compensation of Rs.80,000 for the death of Gurusamy, the husband of the 1st claimant and the father of the claimants 2 and 3, in an accident on 8.1.1985 involving the Ambassador Car bearing No.TNT. 5171.

3. According to the claimants, the driver of the Ambassador car was very negligent in driving the car and on account of that the deceased was hit by the vehicle resulting in his death. The Ambassador car belonged to the 1 st respondent and it was insured with the 2nd respondent. Hence, the claim petition against the respondents 1 and 2. The respondents 1 and 2, i.e., the owner of the vehicle as well as the insurer contended that the accident took place on 8.1.1985 when the vehicle was stolen and when the owner had no control over the same. Therefore, the owner of the vehicle was not liable and consequently the insurer was also not liable.

4. The tribunal has considered the evidence in detail and has found that the accident has taken plac