INDRANI Vs. S RAMALINGAM

JUDGEMENT

(1.) The claimants in the motor accident case are the appellants in this Letters Patent Appeal. An award was passed in their favour by the Motor Accidents Claims Tribunal but that was set aside in the appeal by a learned single Judge of this Court.

(2.) The first claimant is the mother and the claimants 2 and 3 are her childeren. The first claimant's husband Ekambaram, while he was travelling in a lorry MDF 3002 on G.S.T. Road, Thirutheri village, on 13-10-70 at 2.00 a.m. The lorry met with an accident which resulted in his death. Alleging that due to rash and negligent driving of the lorry the accident occurred the claimants claimed a compensation of Rs. 10,000/- The petition was filed against the owner-driver of the lorry the first respondent, and the insurance company second respondent.

(3.) The first respondent contested the petition contending that the deceased was a clandestine traveller in the lorry and the accident was not due to the rash and negligent driving and therefore the first respondent is not liable to pay compensation.