(1.) This is an appeal filed under S.110-D of the Motor Vehicles Act by the petitioners (1) Pujamma, (2) Krishna Reddy and (3) Nagaraj against the award dt/- 10-10-1980 in M.O.P. No. 121/79 which was disposed of by a common judgement along with M.O.P. No. 304/79 finding that the lorry APC 5587 was proceeding on the left side of the road and was proceeding towards Bangalore and that the lorry MYK 5890 ought to have proceeded on the northern side of the road; but it went on the wrong side and hit against the lorry APC 5587. Therefore, the lorry MYK 5890 was driven rashly and negligently and caused the accident and as such point No. 1 in M.O.P. No. 121/79 was found accordingly. Under the same circumstances, the Tribunal also found that the lorry APC 5587 was not driven rashly and negligently and there was no composite negligence. It was found on point No. 2 in M.O.P. 121/79 accordingly. In M.O.P. No. 121 of 1979, the award of (in) which is the subject matter of appeal, it was also held that the first petitioner-first appellant has to be awarded a sum of Rs. 7,200/- as compensation. In the result in M.O.P. No. 121 of 1979, an award for a sum of Rs. 7,200/- in favour of the first petitioner/first appellant herein with pro-costs was given. The petition was dismissed as against the petitioners 2 and 3 appellants 2 and 3 herein. The fourth respondent was directed to deposit the amount in court within three months failing which the first petitioner will be entitled to interest at 6% per annum from the date of the award of the Tribunal till the date of deposit. This award was arrived at by the Tribunal on the consideration of the evidence adduced before it both oral and documentary.
(2.) The case of the petitioners before the Tribunal is that the first petitioner is the widow and the second and third petitioners are the children of the deceased Anjaneyalu Reddy and they had filed a petition before the Tribunal to pass an award for Rs. 1,00,000/- for the death of the deceased. The accident occurred on 1-11-1978 at about 5.30 a.m. near Santhavelur on the G.N.T. Road. The deceased was a vegetable vendor and agriculturist. The deceased was transporting vegetables in the lorry bearing No. MYK 5890 from Doddakadathur to Madras and he was travelling in the said lorry. On 1-11-1978 at about 5.30 a.m. when the lorry was nearing Santhavellore village another lorry bearing No. APC 5587 came from the opposite direction at a terrific speed in a rash and negligent manner and dashed against the lorry MYK 5890 which was also driven rashly and negligently. The accident was due to the rash and negligent driving of both the drivers employed by respondents 1 and 2. The deceased was hale and healthy prior to the accident. He was a good businessman. But for the accident, he would have lived for another thirty years and would be helpful to the petitioners/appellants herein. The deceased was 52 years old at the time of accident. His income was Rs. 1000/- per month. There was damage to the vegetables worth Rs. 10,000/-. The petitioners/appellants herein claimed Rs. 1,00,000/- towards compensation. They claimed Rs. 500/- towards transport to hospital, Rs. 10,000/- towards pain and suffering and Rs. 10,000/- towards damage to clothing and articles.
(3.) The first respondent filed a written statement containing the following contentions : The accident was caused by the rash and negligent driving of the lorry MYK 5890. The first respondent's lorry APC 5587 was stationed at the time of accident. It was parked on its extreme left side of the road. The second respondent's lorry driver had driven the lorry in a rash and negligent manner and dashed against the first respondent's lorry. The 1st respondent's lorry was smashed in the accident and this respondent had to spend Rs. 26,000/- for the repair. He could not do his lorry business for nearly two months. The first respondent is not liable to pay compensation to the petitioners.