LAWS(MAD)-1999-7-10

SAFFIA BEE Vs. B SATHAR

Decided On July 21, 1999
SAFFIA BEE Appellant
V/S
B.SATHAR Respondents

JUDGEMENT

(1.) The appellants herein are the claimants. They are the widow and children of the deceased-Mohamed Rasul.

(2.) The deceased was working as Sub-Inspector of Police in District Crime Branch at Cuddalore. On 19-8-1984, at about 3.30 p.m. he was riding on the motor-cycle bearing registration No. MSQ 8509 and proceeding towards Panruti. All of a sudden, when he was nearing the Naththamedu Main Road, another motor-cycle bearing registration No. MSR 6754, driven by one Thandavamurti, third respondent herein, came in a rash and negligent manner and suddenly, took a right turn for crossing towards Naththamedu Road, even without giving any signal. Due to this, both the vehicles got collided with each other. The deceased and the motor-cycle were thrown out. He sustained a serious head injury and died after an hour. The said Thandavamurti, driver of the another motor-cycle also sustained injuries. PW 4, Hanifa was the pillion rider in the vehicle driven by the deceased-Mohmad Rasul. The motor-cycle which was driven by the deceased belonged to one Sathar, who is the first respondent herein. The motor-cycle which was driven by the said Thandavamurti, the third respondent herein, belonged to Umapathi, the fourth respondent herein.

(3.) Thandavamurti, for the injuries sustained by him in the accident, filed a petition in O.P. No. 179 of 1985 claiming compensation of Rs. 80,000/-. The appellants-claimants, legal representatives of the deceased-Rasul, filed a petition in O.P. No. 543 of 1985 claiming Rs. 3,00,000/- as compensation for the death of the deceased, due to the accident.