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SWARAIKKANNU
KANNAMMAL – Appellant
Versus
A. S. KASIM – Respondent


Advocates Appeared:
S. Jagadeesan, for the Appellant;
T. Somasundaram and Mr. A. Devanathan Advocate, for the Respondent

ORDER :

Swaraikkannu, J.—This is an appeal preferred by Kannammal petitioner/claimant against the order of dismissal of her claim petition M.A.C.A. No. 170 of 1979 on 8-8-1980 by the Motor Accidents Claims Tribunal (Additional District Judge) Salem. The Appellant filed claim application claiming a compensation of Rs. 15,000 towards loss of earnings, mental agony, distress etc., for the death of her son, Ravi who was aged about 12 at the time of his death. The allegations in the claim application filed by the appellant herein before the Tribunal are as follows:

On 25-2-1979 at about 12-30 p.m., the deceased Ravi who was aged about 12, was killed in Venkateswara Super Service Station, Kitchipalayam. A.S. Kasim, the first respondent herein drove the lorry belonging to one Hakeem at the Service Station, rashly and negligently and crushed the boy to death. The deceased was the only earning member in the family. But for the accident, he would live upto 70 years. The original prosecution against the driver of the vehicle was pending before the Judicial First Class Magistrate, Salem, at the lime of the application before the Tribunal. Due to the careless driving of the lorry in the Service S

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