K M KRISHNA GOUNDER Vs. P N NARASINGAM PILLAI

JUDGEMENT

(1.) THIS is an appeal against the judgment and decree in O. S No. 103 of 1957, on the file of the court of the Subordinate judge, Cuddalore, awarding the second plaintiff a decree for damages in a sum of Rs. 6,000/- against defendants 1and 2, on the grounds that the 2nd defendant drove the lorry of the first defendant negligently and ran over and killed the second plaintiff infant son. The first defendant is the appellant.

(2.) THE first plaintiff is the husband of the second plaintiff and their son dakshinamoorthi was run over and killed on 17-11-1955 by the lorry of the first defendant MDF. 802 driven by the second defendant. The third defendant in the suit was the insurer who was impleaded as a party on the plea of the first defendant that the third defendant company was a necessary party.

(3.) THE plaintiff alleged that the second defendant was employed to drive the lorry that he had no licence for driving a heavy transport vehicle, that the second defendant drove the lorry rashly and negligently and caused the death of the boy dakshinamoorthi. They claimed damages under the Fatal Accidents Act to the extent of Rs. 12000/- which consisted of (1) Rs. 2000/- pecuniary loss to the estate of the deceased; (2) Rs. 5000/- for physical suffering and mental agony of the deceased; (3) Rs 5000/- for loss of expectation of life of the deceased.