S MURTHY Vs. RAJARAM

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed challenging the judgment dated 20.06.2001, passed in M.A.C.T.O.P.No.383 of 1995 on the file of the Motor Accidents Claims Tribunal, Chidambaram.

(2.) THE allegations found in the claim petition are as follows:- On 26.10.1994 at about 4.40 p.m. while Padmasangari was coming from college in her by-cycle, near Kaliakudi Hotel on the left side of the road, a tractor bearing registration No.TN 51 Y 1950 was driven in a rash and negligent manner by its driver, dashed against her, who fell down and the trailer annexed to the tractor bearing registration No.TNM 5082 ran over her head. Hence, she died in the spot. She was earning Rs.40/- per day by job typing besides her school study. A compensation of Rs.1,00,000/- is claimed. THE Tribunal has awarded Rs.1,00,000/- as compensation, as claimed by the claimants. Aggrieved over the award, the first respondent, the owner of the vehicle has filed the present appeal.

(3.) IN the additional counter filed by the second respondent, it is stated as follows:- -The driver of the vehicle possessed a licence only to drive light motor vehicles and no endorsement was made or secured to drive the tractor towed with trailer and or for public service vehicles.- 5(1). The respondents/claimants have filed cross objections praying the court to award at additional compensation of Rs.1,50,000/-, totally Rs.2,50,000/-.