RAMESH Vs. KASMATHCHI AMMAL

JUDGEMENT

(1.) The owner and the driver of a tractor with a trailer are the appellants in the civil miscellaneous appeal. Respondent Nos. 1 to 4 are the legal representatives of one Kullagounder, who died in an accident involving the tractor and trailer belonging to the appellant No. 1 and driven by the appellant No. 2.

(2.) The Claims Tribunal awarded a sum of Rs. 55,000 as against a claim of Rs. 1,00,000. It was alleged that the accident had occurred on account of rash and negligent driving of the tractor by the driver resulting in the deceased falling down from the vehicle and the front portion of the tractor running over him.

(3.) Learned counsel for the appellants points out that there are several discrepancies relating to how the accident happened and the Tribunal has not considered these discrepancies. According to the learned counsel, the Tribunal ought to have held that there was contributory negligence on the part of the deceased. Learned counsel further submitted that one of the heirs of the deceased has got married and settled down and had, therefore, ceased to be the dependent to be entitled to any compensation. One other submission made by the learned counsel for the appellants is that the tractor was insured with the respondent No. 5 and the Tribunal erred in exonerating the respondent No. 5 from the liability to pay the compensation amount.