G. RATHNASWAMI Vs. SYED MEERAL BEEVI AND ORS.

JUDGEMENT

(1.) These four appeals arise out of a motor accident which took place on the morning of 25th November 1969 between Nager -coil and Tirunelveli Junction. When a bus belonging to the Tamil Nadu State Transport, MDK 2680 and a lorry MDT 7196, dashed against each other caused injuries to one Changalvaraya Cetty, claimant in Claim Petition No. 8 of 1971 and the death of one R.A.M. Allaudeen Junior Engineer in the Office of the Public Health Engineering Division, Palayamcottai. Changalvaraya Setty, who was traveling in the bus and was injured in the accident, is the claimant in C. P. No. 8 of 1971 and the wife, the father and mother of the deceased Alaudeen, are the claimants in C. P. No. 12 of 1971.

(2.) In C.P. No. 8 of 1971 Changalvaraya Setty claimed a compensation of Rs. 65,000 for the injuries that were caused to him; whereas the wife and parents of the deceased Alaudeen claimed Rs. 1,79,350 as compensation.

(3.) The Claims Tribal awarded a compensation of Rs. 10,000 to Changalvaraya Setty, holding Respondents 1 and 2, the Tamil Nadu State Transport, Madras, and G. Rathnaswami Nadar, the owner of the lorry liable jointly and severally for the claim, subject to the maximum liability of the Respondents 3 and 4, which were the insurance companies who had issued policies to the second Respondent, Ratnasami Nadar. In C. P. No. 12 of 1971 the Tribunal awarded a sum of Rs. 1,00,000 as compensation out of which it found the insurance companies, Respondents 3 and 4, liable to pay to the extent of Rs. 20,000 each and that the balance payable by Respondents 1 and 2, the State of Tamil Nadu, and the owner of the lorry G. Rathnasami, jointly and severally,