LAWS(MAD)-1980-6-18

KAMALAM AND ANOTHER Vs. ASHOKE TRANSPORT AND ANOTHER

Decided On June 18, 1980
Kamalam And Another Appellant
V/S
Ashoke Transport Respondents

JUDGEMENT

(1.) THIS appeal is directed against the award of the Motor Accidents Claims Tribunal, Salem, insofar as it restricted the compensation payable to the claimants/Appellants herein at Rs. 5,000/ - as against their claim of Rs. 25,000/ -.

(2.) ON 5.10.1973 at about 12.45 p.m. one Manoharan while riding a bicycle from East to West along -Salem -Mettur Road at Chinnakonnur (Kuchikadu) was hit by a lorry M.D.S. 8222 belonging to the first Respondent which has been insured with the second Respondent and on account of the injuries sustained as a result of the impact, he received serious injuries and later died on the same day at Mettur General Hospital. The Appellants, who are the mother and the father of the deceased, had claimed compensation in a sum of Rs. 25,000/ - towards the pecuniary loss sustained by them on account of the death of their son. The claim was resisted only by the second Respondent.

(3.) BEFORE the Tribunal the following two questions arose for consideration: