VELAMMAL Vs. P KANAGU

JUDGEMENT

(1.) The appellants herein have preferred the present appeal as against the award and decree dated 1.10.01 passed in MCOP No.213/98 on the file of the Motor Accident Claims Tribunal (Principal District Judge of Kanyakumari) at Nagercoil, insofar as the Tribunal below exonerated the insurer of the vehicle and dismissing the claim against the insurer.

(2.) Heard Mr.S.Subbaiah, learned counsel appearing for the appellants and Mr.K.Kannan, learned counsel appearing for the 3rd respondent, insurance company. With the consent of either side, the appeal itself is taken up for final disposal.

(3.) The appellants herein instituted MCOP No.213/98 claiming a compensation of Rs.5,05,000/= respectively against the driver owner and insurer of the maxi cab bearing Regn. No. TN-63-3829. According to the appellants, on 24.8.98 at about 7.30 a.m., the deceased C.Subramoni was proceeding on his motorcycle near Srilekmipuram. The first respondent, driver of the maxicab, drove the cab rashly and negligently, hit against the deceased causing head injuries and the motor cyclist, Subramoni, died on the spot. The deceased was working as a carpenter at Sivakumari Timber Depot, Anjugramam, drawing a salary of Rs.3,000/= per month. The deceased was aged 34 years and a healthy man. The deceased was the only bread winner of his family living with his young wife and three minor children. The first appellant is the widow, appellants 2, 3 and 4 are the minor children, respectivley aged 24, 7, 4 and 3 years. For the fatal accident, the appellants claimed Rs.5,05,000/= under various heads.