J R DANIEL Vs. T VAITHEESWARAN

JUDGEMENT

(1.) JUDGMENT:- It is argued on behalf of the appellants herein that the sum of Rs. 10,000/- granted by the Tribunal as damages to the claimants for mental agony, pain and suffering in the facts and circumstances of the case is not the one contemplated by law. In support of his contention, the decision in Perumal v. Ellusamy Reddiar, 1974 0 ACJ 182 (Mad) is relied on by the learned counsel for the appellants. Mr. V. Sairam, the learned counsel for respondents 1 to 5 herein, refers to the decision in Imaman v. Union of India, 1976 Acc CJ 100 in support of his argument that the sum of Rs. 10,000/- granted by the Tribunal as damages for mental agony, pain and suffering in the facts and circumstances of the case is correct and in accordance with law.

(2.) This appeal has been preferred in the instant case before us, by respondents 2 and 3 before the Tribunal. The claimants are respondents 1 to 5 herein. The first respondent before the Tribunal is the sixth respondent in this appeal.

(3.) The case of the third respondent Insurance Company namely second appellant herein, as seen from the counter filed before the Tribunal is to the following effect : - "The allegations regarding the manner of accident as stated in the petition are not true. The occurrence was at about 6 p.m. The place of accident is a very busy junction, full of shops on both sides. The first respondent was not driving his auto-rickshaw in a rash and negligent manner. Only the deceased Thothathri had all of a sudden crossed the road without noticing the vehicle and fell back on the auto-rickshaw and sustained injuries. The auto-rickshaw was only driven at a slow speed by the first respondent and there was no passenger in the auto-rickshaw at that time and it was going on its proper side in anticipation of customers. Therefore, the accident was not due to any rashness or negligence on the part of the first respondent/driver of the auto-rickshaw. It was only due to the contributory negligence of the deceased Thothatri who was an aged man without proper eye sight."