K R SIVAGAMI Vs. MAHABOOB NISA BI

JUDGEMENT

(1.) As these two appeals arise out of the same award passed by the Motor Accidents Claims Tribunal Cuddalore in the same claim petition arising out of an accident they are dealt with together.

(2.) On ra-5-1974 at about 4-30 a. m. an Ambassador tourist taxi bearing registration No. MSL 8304, belonging to the appellant in C.M.A. No. 247 of 1977, and insured with the appellant in C. M. A. No. 367 of 1977, dashed against a stationary lorry near Ulundurpet railway gate. The said accident resulted in the death of three persons and injury to four persons who traveled in the taxi. On the basis that the accident was due to the rash and negligent driving of the taxi by its driver, the claim petitions had been filed by the dependents of the deceased as also the insured before the Motor Accidents Claims Tribunal.

(3.) One of the persons who died in the accident, is one Abdul Rahman. His widow and two minor sons had claimed a sum of Rs. 1,00,090, as compensation in C P. No. 109 of 1974. We are not now concerned with the claim put forward by the dependents of the other deceased and insured. We are concerned in these appeals only with reference to the claim nude by the dependents of the said Abdul Rahman.