NENAVATH BASU Vs. CH SEETHA

JUDGEMENT

(1.) Appellants who are the parents of Nenavath Ramesh (the deceased) who died due to a collision between the two lorries belonging to Respondents 1 and 3, and insured with Respondents 2 and 4 respectively filed a claim petition seeking compensation of Rs. 1,00,000.00 from the respondents. Respondents 1 and 3 chose to remain ex pane both before the Tribunal and in this Court. Respondents 2 and 4 filed counters contesting the claim of appellants.

(2.) In support of their claim the appellants examined 2 witnesses as PW-1 and 2 and marked Exs.A-1 to A-4. Respondents 2 and 4 did not adduce any evidence either oral or documentary. The Tribunal having held that the accident occurred due to the rash and negligent driving of the drivers of the lorries involved in the accident, passed an award for Rs.50,000.00 in favour of the appellants against the respondents with interest at 12% p.a. Dissatisfied with the compensation awarded to them this appeal is preferred by the claimants.

(3.) Since the finding of the Tribunal that the accident occurred due to the rash and negligent driving of the drivers of the lorries involved in the accident became final, the point for consideration is to what compensation are the appellants entitled to?