Ramanujam, J. —

In this appeal an interesting question of law arises, as to whether the legal representatives of the deceased who died in a motor accident, and who was himself responsible for the accident could claim compensation against the owner of the vehicle who was not directly or vicariously responsible for the accident.

2. On 2nd May, 1973, one Krishnamurthi was driving a car MDA 3774, belonging to the first respondent herein and insured with the second respondent, on the national highway from Madras to Dindigul. When the car was about to reach Manapparai, it dashed against a tree standing on the left edge of the road and as a result of the impact the said Krishnamurthi died on the spot, steering rod hitting his chest. The wife and children of the deceased Krishnamurthi filed a claim petition before the Motor Accidents Claims Tribunal, Tiruchirappalli, claiming a compensation of Rs. 50,000 from the owner of the tar as well as the Insurance Company with which it was registered, on the ground that it was an inevitable accident and as such they are liable to pay compensation for the death of the deceased.

3. The said claim petition was contested by the first respondent, t