- (1.) This Civil Miscellaneous Appeal is filed against the Decree and Judgment made in MCOP.OP No. 90 of 2003 dated 16.09.2004 on the file of the Motor Accident Claims Tribunal, (Principal District Judge), Srivilliputhur, Virudhunagar District. The appellant is the 2nd respondent. The claimants are the parents of the deceased one Govindaraj.
(2.) Background facts in a nutshell are as follows: The deceased one Govindaraj died in a motor accident which took place on 06.03.2003. On that day, the deceased was engaged as a Driver of the van bearing registration No. TN-67/X-4696 and when the said van reached Kalasalingam College, Krishnankovil main road, it capsized due to heavy load. Due to the same, the deceased who was the driver, died on the spot. The claimants claimed a compensation before the Tribunal. The vehicle belongs to the 3rd respondent, insured with the appellant/Insurance Company, who resisted the claim on the ground that the accident had occurred due to rash and negligent driving of the deceased himself and the claimants ought to have filed a claim petition under Workmen's Compensation Act and the claim petition before the Motor Accidents Claims Tribunal is not maintainable.
(3.) The Tribunal had framed the following issues: (i) Whether the claim petition filed under Section 163(A) of M.V. Act, is maintainable (ii) What could be the compensation for which, the claimants are entitled to and payable by whom (iii) Whether the claimants ought to have filed a claim petition under Workmens' Compensation Act before the Commissioner of Labour ;