LAKSHMIAMMAL Vs. STATE OF T.N.

JUDGEMENT

(1.) THE claimants in O. P. 601 of 1969, on the file of the Motor Accidents Claims Tribunal, Madras, are the appellants before us. One Kapali Nattar was injured in a motor accident that occurred on 22 -7 -1969 in Triplicane High Road, as a result of which he died within a few hours thereafter. The motor vehicle involved in the accident is the State Transport Bus bearing registration No. MSV 266. The three claimants are respectively the widow, the minor son and the mother of Kapali Nattar, the deceased. They claimed a total compensation of Rs. 75,000 payable to them in respect of the death of Kapali Nattar. According to them, the motor accident which resulted in the death of Kapali Nattar was due to rash and negligent driving of the abovesaid motor vehicle. The respondent to the claim petition is the State of Tamil Nadu, represented by the Director of Tamil Nadu State Transport Department as the owner of the vehicle.

(2.) THE tribunal below determined the total compensation payable to the claimants as Rs. 53,295, but dismissed the petition accepting the plea of the respondent that the accident was an inevitable one and that there was neither rashness nor negligence bringing about the accident.

(3.) THE case of the respondent which has been accepted by the Tribunal below is that as the accident was a result of sudden failure of brake, it was an inevitable one and not due to any rashness or negligence on the part of the driver of the vehicle.