SOUTH INDIA INSURANCE CO BOMBAY Vs. LAKSHMI

JUDGEMENT

(1.) AS these three maters arise out of three claims in respect of the same motor accident, they have to be dealt with together.

(2.) ON 21-8-1964 at about 10-30 p. m. one Chinnathambi Udayar along with rajakannu Udayar, Lakshmana Udayar were returning in three bullock carts driven by them from Pudukottai to Kandarvakottai dashed While they were returning, the lorry MDO 2914 proceeding towards Puducottai dashed against the said three bullock carts coming in the opposite direction. As a result of the accident chinnathambi Udayar and Rajakannu Udayar died and Lakshmana Udayar was seriously injured. Two bulls of Chinnathambi Udayar and three other bulls also died, and all the three carts got damaged. the accident is alleged to have taken place due to the rash and negligent driving of the driver of the lorry MDO 2914, belonging to the second respondent in all these appeals and insured with the appellant herein.

(3.) THE widow of Chinnathambi Udayar filed a claim M. A. C. T. O. P. 1 of 1967 before the Motor Accidents Claims Tribunal, Tiruchirapalli, claiming a sum of Rs. 15,000 for his death and Rs. 1600 towards the value of the bulls and carts. She claimed that Chinnathambi Udayar was aged only 30 years and he was earning an annual income of Rs. 3000 per year and that by the death of her husband she has suffered a damage at the rate of Rs. 300 per year. Calculating for a period of 30 years she worked out the total damages sustained by her at Rs. 90,000 but however, she restricted her claim to Rs. 15,000.