ISMAIL
T. V. Gnanavelu – Appellant
Versus
D. P. Kannayya – Respondent
JUDGMENT :- This is an appeal against an order of the Motor Accidents Claims Tribunal, Madras, awarding a compensation of Rs. 5037.48 to the respondents herein in respect of the death of one Doriaswami Pillai involved in an accident on 30-11-1961. On 30-11-1961 at about 9-30 a. m. when the deceased was crossing Ranganathan Chetti Road, Nungambakkam, somewhere opposite to the Indian Bank he was knocked down by the motor cycle driven by the first appellant herein. The Tribunal found that the accident was due to the rashness and negligence of the first appellant and awarded a compensation of Rs. 1,000/-, under the head of pain and suffering and another sum of Rs. 4,000/- for loss of expectancy of life and a sum of Rs. 37.48 being the expenses incurred for taking X-ray totalling a sum of Rs. 5037.48.
2. Mr. V. S. Subramaniam, the learned Counsel for the appellant, contends that rashness and negligence on the part of the first appellant has not been established. In this case, the persons who spoke to the occurrence of the accident are P. Ws. 1 and 2 and R. W. 1 namely the first appellant himself. Obviously, the evidence of the first appellant as R. W. 1 was interested and no rel
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