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1996 Supreme(Mad) 355

P.SATHASIVAM, A.ABDUL HADI
Mrs. Maya Devi – Appellant
Versus
Mrs. Dhanlakshmi, Proprietor of Namakkal South India Transport, Salem Road, Namakkal – Respondent


Advocates Appeared:
For the Appellants:N. Vijayaraghavan, Advocate.
For the Respondent:R3 - N. Kannan, K.S. Narasimhan, Advocates.

Judgment :-

P. SATHASIVAM, J.

1. Claimants are the appellants in the above appeal. The wife and children of the deceased Kushiram, who died in an accident that took place on 22-9-82, have filed M.C.O.P. No. 363 of 83 on the file of Motor Accident Claim Tribunal, Salem, claiming a compensation of Rs. 6,00,000/-. Inasmuch as neither the owner nor the insurer of the lorry or the Transport Corporation, namely, Cheran Transport Corporation Ltd., Coimbatore, filed any appeal in respect of the pect against the award passed in M.C.O.P. No. 363 of 83, we are not referring any of the factual pects leading to the accident.

2. As stated above, the wife and children of the deceased Kushiram filed claim for Rs. 6,00,000/-before the Motor Accident Claims Tribunal, Salem. According to them, the deceased was aged about 48 years at the time of the accident and he was doing textile business earning Rs. 5,000/- per month. In order to prove income and compensation, the third claimant in M.C.O.P. No. 363 of 83 was examined as P.W. 7. He is none else than the son of the deceased Kushiram. They also marked income-tax demand notices and payment of income-tax prior to the death of Kushiram. On the basis of th









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