S KANDASWAMY Vs. C THOMAS

JUDGEMENT

(1.) THE owner and the insurance company are the appellants. THEre was an award passed against the appellants for a sum of Rs.50,391.36 in M.C.O.P.No.22 of 1993 filed by the respondent herein towards damages caused to his vehicle and the loss of income because of the inability to run the vehicle damaged for 41 days.

(2.) THE case, are set out in the petition for compensation, was as follows: On 5.6.1992 at about 6.30 p.m., the vehicle bearing Registration No.KLV.6309, belonging to the respondent, was proceeding along Tirunelveli-Nagercoil Main Road. When it was nearing Valliyur, a mini truck, bearing Registration No.TN.72-Z-0642, belonging to the first appellant, driven in a rash and negligent manner, dashed against a bullock-cart, which, resulted in damage being caused to the vehicle of the respondent. THE appellants, either jointly or individually, were liable to make good the loss caused to the respondent. THE respondent, because of the accident, could not run the lorry for 41 days and at the rate of Rs.500 he had lost Rs.20,500. Apart from that he had incurred Rs.63,479.30 being the expenses incurred by him for putting the vehicle back on the road. THE claim was for Rs.1 lakh.

(3.) IN coming to the conclusion that the driver of the first appellant's vehicle alone was responsible, the tribunal relied on the F.I.R./Ex.P-2, Statement/Ex.P-3, Mahazar/Ex.P-4, the report of Motor Vehicles" INspector/Ex.P-5, Sketch/Ex.P-6 and also the oral evidence of P.W.3 the driver of the respondent's vehicle. The sketch/Ex.P-6 proves beyond any doubt that the accident could have been only on account of the rash and negligent driving of the vehicle belonging to the first appellant.