The tort feasor is not entitled to claim compensation under the Motor Vehicles Act if found responsible for the accident.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the fair and decreetal order dated 20.03.2013 rendered in M.C.O.P.No.406 of 2012 on the file of the learned Motor Accidents Claims Tribunal (Additional District Court), Pudukkottai.)

1. This Civil Miscellaneous Appeal is directed as against the judgment and award passed by the learned Motor Accident Claims Tribunal (Additional District Judge), at Pudukkottai in M.C.O.P.No.406 of 2012 dated 20.03.2013 seeking to set aside the judgment passed by the learned Tribunal.

2. For the sake of convenience, the parties are addressed herein as per the rank in M.C.O.P.No.406 of 2012.

3. The brief facts leading to the filing of the Civil Miscellaneous Appeal is as follows:-

The petitioners 1 and 2 are the parents of the deceased namely Ramesh and the petitioners 3 to 5 are the sisters of the deceased. The deceased Ramesh was aged 21 years and was working as Centering worker. On 21.07.2010 at about 08.15 p.m., when the deceased Ramesh was riding the motor cycle bearing registration No.TN-55-J-6111 along the Alangudi to Melakottai road near Melakottai Arch, a bus bearing registration No.TN-55-N-0162 dashed against the motorcycle. As the result of which, the deceased sustained grievous injuries and he died. Following which, he was taken to Alangudi Government Hospital and from where he was taken to Pudukottai Headquarters Hospital and then he was admitted at Geethanjali hospital as in patient on 22.07.2010. Thereafter, he died on 23.07.2010 at about 05.45 p.m. Claiming compensation of Rs.15,00,000/- under Section 166 of Motor Vehicles Act, the petitioners have filed M.C.O.P.No.406 of 2012.

4. The sole respondent is the Managing Director of Tamil Nadu State Transport Corporation. The respondent has filed a counter dated 20.06.2011 before the learned Tribunal refuting all the allegation set out in claim petition and categorically stated that only the legal heirs are entitled for claiming compensation. The petitioners 3 to 5 are only sisters to the unmarried deceased person and they cannot be considered as dependants of the deceased, since they were already married. That apart it is further submitted that the petitioners failed to implead the owner and the insurer of the two wheeler involved in the accident bearing registration No.TN-55-J-6111 and that apart the deceased person consumed alcohol while driving and a criminal case which was registered against the driver of the respondent was closed as 'mistake of fact' after proper investigation by the jurisdictional police.

5. Three witnesses on the side of the petitioners P.W.1 to P.W.3 were examined and Ex.P1 to Ex.P10 were marked and R.W.1 and R.W.2 were examined and Ex.R1 was marked on the side of the respondent. The learned Tribunal had framed three issues and on examining the deposition of the evidences adduced by both the witnesses on both the sides and documentary evidence placed before it and after considering the arguments putforth by both the parties came to a conclusion that the accident happened only due to the rash and negligent driving of the deceased Ramesh who actually drove the two wheeler and caused the accident and ultimately held that the tort feasor himself cannot claim compensation and on that basis, the learned Tribunal dismissed the M.C.O.P.No.406 of 2012.

6. Challenging the same, this Civil Miscellaneous Appeal has been filed by the appellants/petitioners/claimants.

7. In the instant case, the deceased person was driving a two wheeler bearing registration No.TN-55-J-6111 on 21.07.2010 along the Alangudi to Melakottai road and at the time of driving, he was under the influence of alcohol. Though it is the case of the petitioners that the bus bearing registration No.TN-55-N-0162 belonging to the respondent dashed against the motorcycle and caused the