JUDGEMENT
-
(1.)The appellants herein are the claimants. They are the widow and children of the deceased-Mohamed Rasul.
(2.)The deceased was working as Sub-Inspector of Police in District Crime Branch at Cuddalore. On 19-8-1984, at about 3.30 p.m. he was riding on the motor-cycle bearing registration No. MSQ 8509 and proceeding towards Panruti. All of a sudden, when he was nearing the Naththamedu Main Road, another motor-cycle bearing registration No. MSR 6754, driven by one Thandavamurti, third respondent herein, came in a rash and negligent manner and suddenly, took a right turn for crossing towards Naththamedu Road, even without giving any signal. Due to this, both the vehicles got collided with each other. The deceased and the motor-cycle were thrown out. He sustained a serious head injury and died after an hour. The said Thandavamurti, driver of the another motor-cycle also sustained injuries. PW 4, Hanifa was the pillion rider in the vehicle driven by the deceased-Mohmad Rasul. The motor-cycle which was driven by the deceased belonged to one Sathar, who is the first respondent herein. The motor-cycle which was driven by the said Thandavamurti, the third respondent herein, belonged to Umapathi, the fourth respondent herein.
(3.)Thandavamurti, for the injuries sustained by him in the accident, filed a petition in O.P. No. 179 of 1985 claiming compensation of Rs. 80,000/-. The appellants-claimants, legal representatives of the deceased-Rasul, filed a petition in O.P. No. 543 of 1985 claiming Rs. 3,00,000/- as compensation for the death of the deceased, due to the accident.