K G PRABHAVATHI Vs. K NIRMALA

JUDGEMENT

(1.) These two appeals arise out of the judgment and award, dated 26.12.79, passed by the Motor Accidents Claims Tribunal" Bangalore City, in M.V.C. Nos. 317 and 363 of 1978 on its file.

(2.) Govindaraj, the husband of petitioner 1 and father of petitioners 2 to 4 in MVC No. 317/1978 was proceeding on his scooter, on 10-4-1978, at about 9 or 9-15 a.m. on K. R. Road from South towards North, according to the claimants, slowly and by the left side of the road. At that time a motor cycle bearing No. MYK 1845 driven by Prabhakara Reddy, claimant in M. V. C. No. 363 1978, from the opposite direction in a rash and negligent manner came on the wrong side, according to the claimant, hit the scooter on which Govindaraj was going, as a result of which there was an accident. Govindaraj sustained fatal injuries and succumbed to the injuries later. He was a businessman earning more than Rs.1,500 per month. He was aged 39 years. On those averments they claimed compensation of Rs. 3,34,500 from the respondents, namely the owner, the driver and the insurer of the motor-cycle, in question. On the other hand Prabhakara Reddy who also sustained fracture of his leg averred in the petition that the accident was the result of negligent driving of the scooter by Govindaraj the deceased, and he instituted M. V. C. 363/1978 and claimed compensation of Rs. 86,000 from the respondents, namely, the legal heirs of of Govindaraj and the Insurance Company.

(3.) Both these claim petitions were heard together and during the hearing on behalf of the claimants in M.V.C. 317/1978, five witnesses were examined and two witnesses were exammed on behalf of Prabhakara Reddy the claimant in M.V.C. 363/1978, including himself.