1. The claimants had filed M.C.O.P.No.282 of 2003, on the file of the Motor Accidents Claims Tribunal, Subordinate Judge, Tirupatur, against the owner and Insurance Company stating that when the 1st claimant's son namely Ramamurthy, aged about 24 years, was involved a Motor Accident and sustained injuries and succumbed to it. Hence, the claimants have filed the claim against the respondents and compensation of Rs.5,00,000/- was claimed.

2. The New India Assurance Company Limited has filed counter statement and resisted the claim petition. The respondent denied the averments in the claim that the driver of the Light Motor Vehicle bearing temporary Registration No.MH-12-0764 drove it in a reckless manner and dashed against the unregistered Motorcycle, which had been ridden by the deceased Ramamurthy. Actually, the said motorcycle was insured with the United India Insurance Company Limited. Therefore, the owner and insurer of the motorcycle are necessary parties in the claim. The averments in the claim regarding age, income and occupation of deceased was also not admitted.

3. On considering the averments of both the parties, the Tribunal had framed two issues namely:-

(1) D