P. SULOCHANA Vs. M. VINAYAGAM

JUDGEMENT

(1.) THIS appeal coming on for hearing on Monday the 23rd day of March, 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. A.N. Viswanatha Rao, Advocate for the Appellants and of Mr. R. Vedantham, Advocate for the 1st Respondent and of Mr. A. Devanathan, Advocate for the 2nd Respondent the Court made the following Order:

(2.) THIS is an appeal filed under Section 110-D of the Motor Vehicles Act, 1939 by the petitioners against the Award dated 3.1.1981 passed in M.O.P. No. 150 of 1980 on the file of the Motor Accidents Claims Tribunal (Sub court), Chengalpattu, passing an award for Rs. 16,400/- infavour of petitioners/appellants 1,5 and 6 with proportionate costs and dismissing the petition against petitioners 2 to 4/appellants 2 to 4. The Tribunal also found that the 6th petitioner/appellant is entitled to Rs. 2,000/- out of the compensation awarded; and petitioners/appellants 1 and 5 are jointly entitled to Rs. 14,400/ and also directed the second respondent to deposit the amount in court within three months, failing which the petitioners/appellants would be entitled to interest at 6 per cent per annum from the date of award till date of deposit.

(3.) THE petitioners/appellants herein are the widow mother and children of the deceased Parthasarathy Pillai. On 30.10.1979 at about 6.15 a.m., when the deceased was driving his buffaloes on the extreme left side of the Trunk Road towards Poonamallee for milking, the lorry bearing registration No. MDJ. 5832 was driven rashly and negligently and came behind him and hit the deceased and the buffaloe and the deceased died on the spot. One of the buffaloes died due to the accident. The deceased was aged 50 years at the time of the accident. He was doing milk business. He was an agriculturist. The income per month is Rs. 1,000/-. He earned Rs. 500/- per month from milk business and Rs. 500/- per month from agricultural lands. The accident occurred at Varadarajapuram, near Poonamallee. The petitioner/appellants claimed Rs. 84,650/-towards compensation.