MANGALAMMA Vs. EXPRESS NEWSPAPERS LTD

JUDGEMENT

(1.) This appeal is directed against the award of the Motor Accidents Claims Tribunal, Madras in O. P. No. 440 of 1974 dismissing the appellant's claim for compensation in a sum of Rs. 40,000, for the death of one Jayaraman in a motor vehicle accident.

(2.) On 14-8-1974, at about 6-30 a. m. the said deceased Jayaraman was walking in the Express Newspapers estate, Madras, from north to south. At that time lorry MDY 2601 belonging to the first respondent, Express Newspapers Ltd. proceeding from east towards south driven by one Rajamanner knocked him down on account of which he sustained multiple and grievous injuries which ultimately resulted in his death in the hospital. On the basis that the said accident was due to the rash and negligent driving of the first respondent's lorry MDY 2601, by its driver the wife and children of the deceased filed a claim petition 0. P, No. 440 of 1974, claiming a compensation of Rs. 40.000, as against the first respondent, the owner of the vehicle and the second respondent, the insurer with which the lorry had been insured.

(3.) The said claim was opposed by the first respondent on the ground that there was no rashness or negligence on the part of the driver of the lorry, that the accident was due to the carelessness and negligence on the part of the deceased himself and that in any event, the compensation claimed was excessive. It was also contended that the deceased was an employee covered by and insured under the Employees, State Insurance Act and the scheme framed there under and the claimants having claimed and obtained compensation under the Employees' State Insurance Act, they have no right to claim compensation under the Motor Vehicles Act and therefore the claim petition is not maintainable in law.