SWAMINATHAN Vs. JAYALAKSHMI AMMA

JUDGEMENT

(1.) These two appeals arise out of a common judgment passed in MAC Nos. 41 of 1981 and 42 of 1981. The appellant herein was respondent No 13 in MAC No. 42 of 1981 and respondent No. 12 in MAC No. 41 of 1981.

(2.) The 2nd petitioner in MAC 41 of 1981 is the injured minor child and the 1st petitioner therein is her mother. 2nd petitioner was studying in a tutorial college and was preparing for SSLC Examination. On the date of the incident she was returning to her house in Bus "No. KLR-4980. The petitioner in MAC 42 of 1981 was also a passenger in the bus. According to the claimants the bus was overcrowded and it was being driven at very high speed. As the bus passed a culvert a lorry bearing registration No. KLD 6556 came from the opposite direction and there was collision between the two vehicles. The incident happened at a place called Kokkad. According to the petitioners both the vehicles were driven negligently.

(3.) As a result of the accident the 2nd petitioner in MAC 41 of 1981 and the petitioner in MAC 42 of 1981 sustained serious injuries. Rs. 13,576.98 was claimed as compensation in MAC 41 of 1981 and Rs. 76,152.00 was claimed in MAC 42 of 1981. In MAC 41 of 1981 the Tribunal granted an award of R.5,698-00 and in MAC 42 of 1981 a sum of Rs. 8,000/- was awarded as compensation.