PAPPAYEE Vs. KUVUNDIAPPAN

JUDGEMENT

(1.) IN an accident, which occurred on 29.10.1984, at 8.45 A.M., involving a Motorcycle, bearing Registration No.TMS 7877 and a goods vehicle, bearing Registration No.TNT 4568, insured with the 2nd respondent -Insurance Company, the rider and pillion rider, Gopal and Shanmugam, died. They were brothers. They were employed as Assistant in District Collectorate, Salem and Soldier in Army, respectively. The former was unmarried and the latter was married, survived by his wife, aged 19 years and daughter, aged 11 months. In respect of death of Gopal, the rider, parents have claimed compensation of Rs.3,00,000/ -. For the death of Shanmugam, parents, wife and daughter, legal representatives of the deceased, have claimed compensation of Rs.2,00,000/ -. As both the claim petitions arose out of the same accident, a joint trial has been held.

(2.) THE owner of the goods vehicle remained ex parte.

(3.) BEFORE the Tribunal, three witnesses have been examined on behalf of the appellants/claimants and they marked nine documents as Exs.P1 to P9. On behalf of the 2nd respondent -Insurance Company, one witness has been examined as RW.1 and he has marked the Motor Vehicles Inspector's Report as Ex.B1.