A K SURENDRAN Vs. ANAPATHY

JUDGEMENT

(1.) This is an appeal against the order passed by the Motor Accidents Claims Tribunal, Kozhikode in M.A.C. No. 522 of 1980. The first appellant is the brother of now deceased Rajan and the other appellants are his sisters. Deceased Rajan was a school teacher working in the Ganapat High School, Calicut. He met with a fatal motor accident at 1. 30 p. m. on 4-5-1976 while he was walking along the Kozhikode-Cannanore road. The appellants preferred claims against the owner, driver and the insurance company of the vehicle K.L.K. 5843 for compensation.

(2.) The Motor Accidents Claims Tribunal came to the conclusion that the 2nd respondent, the driver of the lorry, was negligent in driving the vehicle. Therefore the 1st respondent, the owner, was held vicariously liable to pay compensation to the appellants and the 3rd respondent, the insurance company, was directed to pay the amount by virtue of the insurance policy. The Tribunal ordered to pay a sum of Rs. 9000/ as compensation and the appellants have seriously assailed the inadequacy of the quantum of compensation.

(3.) The claim of the appellants is purported to have been based on S.2 of the Fatal Accidents Act, 1885. An application under S.110A of the Motor Vehicles Act for compensation can be based under S.1A or 2 of the Fatal Accidents Act. However, the cause of action under S.1A and 2 are distinct and different. This has been explained by the Supreme Court in Gobald Motor Service v. Veluswami AIR 1962 SC 1 ) The court held: