S A GHANI Vs. K A PONNEN

JUDGEMENT

(1.) These two appeals are instituted by the owner of the Lorry bearing No. MYA 5962 which caused the accident in question,

(2.) It is the case of the claimants in these two cases that on 29-6-1977 at about 3-15 p.m. Sri Punnen (PW-3) the claimant in MVC 342/77 was coming driving his scooter bearing No, MEA 8073 along with his son Levi Luke on the pillion seat from north towards south by Sampige Road on his left side with moderate speed. He had crossed more than 3/4th of the intersection of Sampige Road and Bhashyam Road, when the lorry bearing No. MYA 5965 coming from the opposite direction i.e. from south towards north by Sampige Road at great speed, without sounding the horn and without giving any signal, in a rash and negligent manner came on the wrong side of the road and hit against the scooter. As a result, both the claimants viz. Sri Punen and his son Levi - claimant in MVC 341/77 fell down and sustained injuries. Sri Punnen applied for compensation u/s 110A of the Motor Vehicles Act in MVC 342/77 claiming compensation of Rs. 1,38,000/- from the respondents and his son filed MVC 341/77 claiming compensation of Rs.1,00,000/- from the respondents,

(3.) Respondent No. 1 is the owner of the Lorry. Respondent No. 2 is the driver and respondent No. 3 the Insurer of the lorry. They contested the claim. According to them, the accident was not on account of the rash and negligent driving of the lorry but on account of the scooter coming in speed and dashing against the lorry, and that the amount of compensation claimed in the two cases were exorbitant.