T P RAYAPPAN Vs. CH NEELADRI RAO

JUDGEMENT

(1.) Appellants and third respondent filed a claim petition seeking compensation of Rs.9,00,000/- from respondents 1 and 2 alleging that when Peter Leonard (the deceased) aged 22 years earning Rs.4,500/- p.m., and who happened to be the son of the appellants and brother of third respondent, was proceeding on his motor cycle. First respondent while driving the bus belonging to the second respondent corporation in a rash and negligent manner dashed the bus against the motor cycle of the deceased resulting in the death of the deceased.

(2.) Respondents 1 and 2 filed counter inter alia alleging that the accident occurred only due to the negligence or contributory negligence of the deceased and that the compensation claimed is highly excessive and is exorbitant. In support of their case appellants and third respondent examined three witnesses as P.Ws 1 to 3 including the first appellant as P.W.I and marked Exs.A-1 to A-7. On their behalf respondents 1 and 2 examined the first respondent as R.W.I and marked Exs.B-1 to B-3.

(3.) The Tribunal having held that the accident occurred due to 50% negligence of the deceased and 50% negligence of the first respondent, awarded 50% of Rs.55,580 /- and 50% of Rs.44,300/- respectively as compensation to the appellants, and dismissed the claim of third respondent. Dissatisfied with the compensation award ed to them and aggrieved by the finding that the deceased was guilty of 50% negligence, claimants 1 and 2 preferred this appeal.