(1.) THIS is an appeal by respondent Nos. 3 and 2 before the Tribunal below, against the award dated 30-3-1981 in Claim Petition No. 42 of 1980 on the file of the Motor Accidents Claims Tribunal (District Judge), Tirunelveli, on a petition under Section 110-A (1) of the Motor Vehicles Act, claiming a compensation of Rs, 45,000/- for the loss of life of one Kasi Mooppanar in a motor vehicle accident, finding that the accident took place only due to the rashness and negligence on the part of the driver of the car, TNI 2000, and that the claimants are entitled to a compensation of Rs. 33,800/-. The award was passed in favour of petitioner Nos. 1 to 3 before the Tribunal, who are respondent Nos. 1 to 3 herein, and the amount of compensation was made payable by respondent Nos. 2 and 3 before the Tribunal who are appellant Nos. 2 and 1 respectively before me. The Tribunal also directed payment of interest on the amount of compensation awarded at 6 per cent per annum from the date of the petition till the date of payment.
(2.) THE case of the claimants was: On 31-8-1978 at about 9.30 a.m., deceased Kasi Mooppanar was going on a cycle from south to north near Meenakshi Higher Elementary School at Keela Ambur on Tenkasi-Ambasa-mudram road, keeping to the left side of the road. The car of the fourth respondent herein (1st respondent before the Tribunal) bearing registration number TNI 2000 was driven fast by its driver and in a rash and negligent manner, was coming from north to south. It came on the wrong side of the road and hit against Kasi Mooppanar who sustained serious injuries. The driver of the car left the car and ran away. One Sudalaimuthu Nambiar, who witnessed the occurrence, took the injured Kasi Mooppanar in the same car to Ambasamudram hospital, another person driving the car. Kasi Mooppanar died in the hospital. The deceased was aged 35, hale and healthy. But for the accident, the deceased would have lived beyond 75 years. He was engaged in doing grocery business, earning Rs. 600/- per month and was the sole bread-winner of the family. He was contributing Rs. 500/- every month to the family. Hence the total loss of earning would be Rs. 2,40,000/- but however, the claimants restricted their claim to Rs. 45,000/-. The first claimant (first respondent herein) is the widow of Kasi Mooppanar, while claimant Nos. 2 and 3 (respondent Nos. 2 and 3 herein) are his children. Since the fourth respondent contended that the first appellant was the owner of the vehicle, the latter was impleaded in the claim petition as third respondent. The vehicle is insured with the second appellant insurance company. The claim was directed agaiast all the respondents before the Tribunal, i.e., appellant Nos. I and 2 and the 4th respondent herein.
(3.) THE Tribunal framed the following points for consideration:
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