K S KULANDAISAMY Vs. P MANICKAM

JUDGEMENT

(1.) AGGRIEVED by the dismissal of the claim petition, the appellant has preferred this Civil Miscellaneous Appeal.

(2.) IT is the case of the appellant that he is a whole sale banana merchant. He hired a vehicle from the first respondent for transporting fruits. On 22.05.2001, when the vehicle was proceeding towards Alankkudi, due to rash and negligent driving, the lorry capsized and in the result, there was damage to the fruits, for which he claimed compensation against the owner of the vehicle and the insurer, the second respondent. Following the decision of this Hon"ble Court reported in M/s. United India Insurance Company Ltd., Athur, Salem & The Managing Director Tiruvalluvar Transport Corporation Ltd, Tiruvalluvar House Pallavan Salai, Madras and two others reported in 2003 (1) LW 534, the Tribunal dismissed the claim application as not maintainable.

(3.) THE Division Bench of this Court, while testing the correctness of the award passed by the Tribunal in respect of a similar issue as to whether the owner of the goods is entitled to compensation, in the case of M/s. United Insurance Company Ltd Vs. Tiruvalluvar Transport Corporation Ltd cited supra, held as follows:-