CHANDRA Vs. LOGANATHAN

JUDGEMENT

(1.) THIS is an appeal filed by the wife, minor children and mother of the deceased Ajeet Singh, who died in a motor vehicle accident on 28.9.1993 at about 5.45 p.m. at General Patters Road, Madras, for enhancement of the compensation awarded by Additional Claims Tribunal, Madras.

(2.) THE appellants filed a claim petition under Section 110-A of the Motor Vehicles Act for compensation of Rs. 4,00,000/- for the death of Ajeet Singh. The averments in the said claim petition were that on 28.9.1993 at about 5.45 p.m. at General Patters Road, Madras, while the deceased Ajeet Singh was going on a motor cycle bearing registration No. TMM 5148 from south-east to north-west, a lorry bearing registration No. TNJ 1357, owned by respondent No. 1, Loganathan and driven by one Krishnan rashly and negligently at a high speed in the same direction dashed against the deceased from the rear side and caused fatal injuries. They further contended that since the accident was due to the rash and negligent driving of the lorry by its driver, respondent No. 1 as the owner of the lorry and respondent No. 2 as the insurer of the same are jointly, vicariously and statutorily liable to pay compensation to the appellants.

(3.) DURING the course of enquiry, on behalf of the petitioners five witnesses were examined as PWs 1 to 5 and they got marked Exhs. P-1 to P-4. No witness was examined on behalf of the respondents.