M KATHYAYANI Vs. V MAHENDRAN

JUDGEMENT

(1.) THIS appeal is filed b the claimant, against the disallowed portion of the award, dated 24-8-2001, made in M. C. O. P. No. 1803 of 1997, on the file of Motor Accident Claims tribunal (Chief Judge, Court of Small causes), Madras, in awarding a compensation of Rs. 9,34,800/-, as against the claim of Rs. 15,00,000/-, for the death of one Janakiram. Claimants are wife and daughters of the deceased.

(2.) ON 14-1-1997, at about 00. 10 hours, when the deceased was riding his scooter bearing registration No. T. N.-04-7158 in rajaji Salai-Kodimara Salai junction, a lorry bearing registration No. T. D. L.-9869, driven by its driver in a rash and negligent manner, dashed against the said scooter, as a result of which the deceased died on the spot. First respondent is the owner of the lorry, which is insured with second respondent.

(3.) THE Tribunal factually found that the accident occurred due to rash and negligent driving of the lorry by its driver and, therefore, compensation has to be paid by second respondent, who is the insurer of first respondent.