SELLAPPAN Vs. HARI

JUDGEMENT

(1.) THESE Civil Miscellaneous Appeals are filed against the Judgement and Decree dated 30.8.1995 made in MCOP.Nos.27 and 28/1990 by the learned Additional Sub Judge (MACT) Chengalput.

(2.) THE facts in brief are that the deceased in both the claim petitions viz. Devanandan and Purushothaman are brothers and sons of the claimants/appellants. On 4.10.1988 at 6. a.m. when the deceased were proceeding in a motorcycle from Madras to M.Pudupakkam, the car belonging to the 1st Respondent came in the opposite direction and dashed against the motorcycle, as a result of which, both the deceased brothers sustained fatal injuries. The claimant, who are the parents of the deceased brothers, claimed compensation of Rs.5 lakhs for the death of the deceased in MCOP.No.27/1990 and Rs.1,50,000.00 for the death of the deceased in MCOP.No.28/1990.

(3.) ON consideration of the pleadings and evidence, the Tribunal concluded that the accident had occurred only due to the rash and negligent driving of the driver of the Car.