SWAMIKKANNU, J. - (1.) THIS is an appeal filed by the second respondent M/s. United India Insurance Company Ltd., against the Award dated 24-12-1980 in claim Petition No. 61 of 1980 on the file of the Motor Accidents claims Tribunal. (Second Additional District Judge) Tirunelvell, finding that the accident was due to rashness of the driver and the negligence of the conductor and also finding that a compensation of Rs. 10,000/-has to be awarded to the petitioners before the Tribunal and that each petitioner is entitled to a compensation of Rs. 5,000/- and that the petitioners are entitled to interest at 6% per annum from the date of the petition. Advocate's fee was fixed at Rs. 500.
(2.) THE petition was filed by Mariasamy Nadar and Gnanamaniammal who are the first and second respondents in this appeal under Section 110A (I) of the Motor Vehicles Act and the Rules framed there under praying to grant compensation for a sum of Rs. 30,000/- for the loss of life of one Jeyaraj, aged about 24 years The case that was put forward before the Tribunal was a follows : On 27-3-1979 at 7-30 p.m. Jeyaraj was travelling in the bus T.N.T. 0275. The bus was proceeding from Tenkasi to Parankuntepuram. Jeyaraj was inside in the rear portion near the entrance of the bus. At 7-30 p.m. just west of Sithar River bridge the driver drove the bus rashly and negligently at terrific speed without sounding horn and dashed against the concrete signboard placed on the extreme eastern end of the road, Jeyaraj and two others were thrown out from the bus. Jeyaraj was taken to the hospital at Tenkasi where he died. Madakkanu Nadar also died; the driver and the conductor of the bus were prosecuted. Jeyaraj was aged 24 years at the time of the accident, and he was earning a sum of Rs. 300 per month. He was giving Rs. 200 per month to the petitioners respondents 1 and 2 herein. He would have lived for another 10 years, and the petitioners respondents 1 and 2 herein will live for another 25 years The monetary loss is valued at Rs. 60,000/-. The petitioners respondents restricted their claim to Rs. 30,000/-.
(3.) THE first respondent before the Tribunal and the third respondent before this Court is the owner of the bus and the second respondent before the Tribunal and the appellant herein is the Insurer.;