KANNIAMMAL Vs. PRABHAKAR

JUDGEMENT

(1.) THIS Appeal coming on for bearing on Thursday the 24th day of September 1987 and Thursday the 22nd day of October, 1987 upon perusing the petition of Appeal, the order of the Lower Court, and the material papers in the case, and upon hearing the arguments of Mr. G. Desappan, Advocate for the Appellants and of Mr. P.N. Prakash, Advocate for the 1st respondent and of Mr. V.R. Gopalan, Advocate for the 2nd respondent, and having stood over for consideration till this day, the Court made the following order.

(2.) THIS is an appeal preferred by the petitioners Kanniammal and Subbulu Reddy against the award dated 22-9-1981 in M.O.P. No. 371 of 1980 on the file of the learned Motor Accidents Claims Tribunal, (Addl. Sub Judge II), Chengalpattu.

(3.) THE respondents 1 and 2 filed separate counters denying rashness or negligence on the part of the driver of the vehicle of the 1st respondent. They would further contend that the deceased was an unauthorised traveller. The lorry was driven very slowly and cautiously by its driver, while the lorry was about to pass a curve, another lorry loaded with hay was seen coming from the opposite direction with terrific speed. There was no space at all for the lorry of the 1st respondent to pass through and the driver in his attempt to avoid the collision between the 1st respondent's lorry and the lorry on the opposite side, swerved to the right since the lorry from the opposite direction was occupying the entire road on the left and hence the lorry of the 1st respondent capsized. Further the age of the deceased, his occupation and the heir ship of the petitioners are denied.