JAYAMMA D Vs. S GOVINDASWAMY

JUDGEMENT

(1.) The owner of the vehicle in question and the insurer have presented this appeal, aggrieved by the judgment and award dated 31-10-1980, passed by the Claims Tribunal, Hassan, in MVC No. 25/79 on its file, awarding compensation of Rs. 50,000 to the claimants.

(2.) It is the case of the claimants that one Ramalingam was the driver of the lorry bearing Registration No. TMV 3299. It was a Leyland Tanker belonging to respondent No. 2 in the petition. It was in sured with respondent No. I in the petition. He was driving the lorry on 24 10-1978 on Bangalore-Mangalore road and at about 10 30 P.M. near Alur in Hassan District, he lost control of the lorry while negotiating a curve; and the lorry fell in a ditch and the driver sustained fatal injuries and died on the spot. The first and second claimants are the parents of Ramalingarn, The third claimant is the widow of the deceased. The 4th, 5th and 6th claimants are the minor children of Ramalingam the deceased. The claimants claimed compensation of Rs. 1 50,000 from the respondents. The owner of the lorry contested the claim stating that the lorry was well maintained and that the accident was due to rash and negligent driving of the lorry by the deceased himself and as such he contended that he was not liable to pay any compensation to the claimants.

(3.) The Tribunal raised the following issues as arising for its consideration.