RANGASAMY Vs. PERIAMMAL

JUDGEMENT

(1.) THIS appeal, under Section 110D of the Motor Vehicles Act, has been preferred by the owner of the vehicle against the award of the Motor Accidents Claims Tribunal (Sub -court), Cuddalore, for Rs. 17,000/ - passed against the appellant, in C.P. No. 365 of 1979 filed by respondent Nos. 1 to 4 against the appellant and the fifth respondent herein praying for payment of compensation in a sum of Rs. 35,000/ - in respect of the death of Kaliyan, the husband of the first respondent and father of respondent Nos. 2 to 4.

(2.) ACCORDING to the case of respondent Nos. 1 to 4, on 21.5.1979 at about 8.30 a.m. when Kaliyan was proceeding on his cycle towards east in the Salem -Kallakurichi Main Road, the lorry bearing registration No. MYM 6583 belonging to the appellant and insured with the fifth respondent was driven in a rash and negligent manner by its driver Veerasamy and dashed against Kaliyan, resulting in his death on the spot. Claiming that deceased Kaliyan at the time of his death was aged about 42 years and was earning about Rs. 350/ - per month as an agricultural labourer, respondent Nos. 1 to 4 prayed that compensation in a sum of Rs. 35,000/ - for the death of Kaliyan should be awarded under the several heads set out in their petition.

(3.) BEFORE the Tribunal, on behalf of respondent Nos. 1 to 4, Exhs. A -1 to A -4 were marked and the first respondent and the husband of the third respondent were examined as PWs. 1 and 2, while the appellant gave evidence as RW1. On a consideration of the oral as well as the documentary evidence, the Tribunal found that the accident took place owing to the rash and negligent driving of the lorry belonging to the appellant by its driver, the respondent Nos. 1 to 4 are entitled to recover a sum of Rs. 17,000/ - by way of compensation and that as the vehicle responsible for causing the accident had not been insured with the fifth respondent on the date of the accident, no liability could be fastened on the fifth respondent for payment of compensation to respondent Nos. 1 to 4. On those conclusions, the Tribunal passed an award against the appellant for a sum of Rs. 17,000/ - with interest at 6 per cent per annum from 12.12.1979 till the date of payment. The Tribunal also apportioned the amount of compensation inter se amongst respondent Nos. 1 to 4 and held that the first respondent will be entitled to Rs. 7,625/ - and respondent Nos. 2 to 4 to Rs. 3,125/ - each with corresponding interest thereon. It is the correctness of the award so passed by the Tribunal that is questioned in this appeal.