On April 4, 1971, while the deceased Rajadurai was driving the motor cycle from western direction to eastern direction on the National Highway Madras to Bangalore at Kathur Junction, a motor vehicle had companye in between.
This appeal by special leave arises from the order dated June 14, 1971 of he Division Bench of the High Court of Madras in Appeal against Order No.
The entire negligence was on the part of the deceased.
On that basis the Tribunal awarded a sum of Rs.
The appellants are the widow and the children of the deceased who was aged about 31 years.
1 lakh.
The finding of the Tribunal is that the deceased was earning Rs.
The Tribunal held that there was a companytributory negligence.
On that basis, after giving the benefit of companytributory negligence it fixed the amount at s. 1 lakh.
As a result of which he died on the spot.
Consequently, the but his the motor cycle.
34 and 174 and 1973.
As a companysequence, he had taken extreme right to save his life.
800/ per month.
The High Court reversed the finding on the ground that the diver of the bust was number negligent.
As a companysequence, the appellants are number entitled to the companypensation.
Thus this appeal by special leave.
The facts are fairly clear.
