MUTHUSAMY Vs. S A R ANNAMALAI

JUDGEMENT

(1.) These appeals arise out of an award passed by the Motor Accidents Claims Tribunal. The parents of the deceased, who have been awarded compensation have filed C.M.A. No.809 of 1982, challenging the finding that the deceased also contributed to the accident and also seek enhancement of compensation together with interest, while the owner of the vehicle has filed A.A.O. No.1103 of 1988, contending that a higher amount should have been deducted, for the negligence contributed by the deceased.

(2.) Facts briefly are: On 10-7-1980, Balasubramaniam, son of the appellants in C.M.A. No.809 of 1982, aged 6 years and 9 months at the time of his death was knocked down by a taxi bearing registration No. MDY 9599 belonging to the first respondent, insured with the second respondent and driven by the third respondent. Balasubramaniam sustained serious injuries and succumbed them soon after. The vehicle was driven in a rash and negligent manner. The appellants filed M.C.O.P. No.243 of 1980 under S.110-A of the Motor Vehicles Act (hereinafter referred to as the Act) in the Court of Motor Accidents Claims Tribunal (Additional District Judge) Salem, claiming a compensation of Rs. 50,000/-.

(3.) The respondents resisted the claim alleging, that the accident was not due to the rash and negligent driving of the vehicle by the third respondent but was due to the negligence of the deceased boy. The claim was also excessive.