KESAVA MURTHY Vs. V. AMURTHAMMAL AND ORS.

JUDGEMENT

(1.) THESE two appeals arise out of a claim petition filed by the widow and minor children of one Veeraswami who died in a traffic accident on 9th May 1971. The first respondent in the O.P. is the driver of the vehicle M.D.S. 7979. The second respondent is the insurance company, viz., Madras Motor and General Insurance Co., Ltd. The third respondent, Safe Service Ltd., is the registered owner of the vehicle. It had by an agreement leased the car to the fourth respondent in February, 3970. When the car was under the control of the fourth respondent on the date of the occurrence 9th May, 1971, he had hired she car to the fifth respondent who engaged his own driver when the fatal accident occurred.

(2.) THE first respondent -driver of the vehicle was given up and the fifth respondent remained ex parte.

(3.) THE claimants have preferred C.M.A. No. 103 of 1974 praying that the registered owner and the insurance company the third and the second respondents respectively should be equally made liable for the damages. The claimants also contended that the amount awarded was too low and prayed for the enhancement of the amount to Rs. 30,000.