ARIYAMMA Vs. NARASIMHIAH ALIAS MARI

JUDGEMENT

(1.) These two appeals under S.110D of the Motor Vehicles Act, 1939, (hereinafter referred to as the Act) are from the common judgment of the Motor Vehicles Claims Tribunal, Bangalore (hereinafter referred to at the Tribunal).

(2.) It is common ground that an automobile accident which occurred on 25-3-1966 at about 9-15 A.M. was caused by the lorry bearing No.MYD. 1998, that Narasimhaiya, respondent-1 in both these appeals, was driving that lorry then, and that as a result of that accident, one Chinnaiah died and his wife Ariyamma sustained injuries.

(3.) The legal heirs of Chinnaiah including Ariyamma, filed before the Tribunal a petition (in Misc. Case No.439 of 1966) under S.110A of the Act claiming a compensation of Rs.10,000 for the death of Chinnaiah. Ariyamma filed a separate Petition (in Misc. Case No. 438 of 1966) before the same Tribunal under S.110A of the Act claiming a compensation of Rs.3,000 for her personal injuries. In both these petitions, it was alleged that the accident was due to rash and negligent driving of that lorry by respondent-1. K.Krishnappa and Muniswamappa were impleaded as respondents 2 and 3 respectively, as the owner of that lorry. But the insurer of that vehicle was not impleaded as a respondent in either of those petitions.