VELAISWAMY NAGAMMAL Vs. V A SETHU MANICKAN

JUDGEMENT

(1.) Appellants who are the mother, widow and children of V. Mani (the deceased), filed a claim petition seeking compensation of Rs. 1,00,000/- from the respondents alleging that the deceased died due to an accident that took place due to the rash and negligent driving of the driver of the lorry belonging to the 1st respondent and insured with the 2nd respondent.

(2.) 1 st respondent chose to remain ex-parte. 2nd respondent filed counter contesting the claim.

(3.) In support of the case of the appellants, 2nd appellant only was examined as P.W.I and Ex.A1 to A7 were marked. No evidence either oral or documentary was adduced on behalf of 2nd respondent. On the basis of the evidence adduced on both sides, the Tribunal held that the accident occurred due to 50% negligence of the deceased and 50% negligence of the driver of the lorry of the 1st respondent, and so appellants are entitled only to Rs.55,827/-, being 50% of the compensation of Rs. 1,11,654/- payable to them due to the death of the deceased in the accident. Aggrieved by the finding of the Tribunal that the accident occurred due to the contributory negligence of the deceased, and seeking higher compensation the appellants have preferred this appeal.