PALANISAMY Vs. GAJALAKSHMI ALIAS KALAISELVI

JUDGEMENT

(1.) THIS Appeal coming on for hearing on Thursday, the Sixteenth day, of August 2001, upon perusing the petition of appeal, the order of the lower court, and the material papers in the case, and upon hearing the arguments of Mr. T.R. Rajagopalan, Senior Counsel for Mr. K. S. Narasimhan, Advocate for the Appellants, in C.M.A. 79 OF 2000 and petitioner in C.M.P. 1035 of 2000 and of Mr. G. Subramaniam, Senior counsel for Mr. Paravallal Advocate for the respondent in both the CMA, and CMP. And having stood over for consideration till this day, the court delivered the following Judgment: - The owner and the insurer of a bore well lorry bearing registration No. TDH 5272, are the appellants.

(2.) FOR the death of one Bagirathan in a road accident that had taken place on 13.08.1997, wife, minor son and mother of the deceased prayed for a compensation of Rs.75 lakhs against the respondents 1 and 2 therein. Since the father of the deceased conveyed his unwillingness in claiming compensation he has been impleaded as third respondent. The said claim petition was resisted by the respondents 1 and 2 therein by filing a counter statement. The Tribunal on appreciation of materials placed, passed an award for Rs.67,06,200.00 with interest at the rate of 12% per annum from the date of the petition till the date of realization with proportionate cost. Against the said award, the owner and the insurer preferred the present appeal. Negligence:

(3.) MR. T.R. Rajagopalan, learned senior counsel appearing for the appellants has very much relied on the two conditions formulated by K. Sampath, J., in the case of Revathi Rajasekaran vs. Vijayakumaran reported in 2001 (2) Law Weekly 509, for maintainability of the appeal by the insurer or in the Company of the owner of the vehicle. In the said case, after referring the various decisions of the Supreme Court, the learned Judge has held that however as things stand, I am inclined to hold that the appeal by the insurer or in the company of the owner is maintainable subject to certain conditions:-