STATE OF TAMIL NADU Vs. M N SHANSUDEEN

JUDGEMENT

(1.) THIS appeal arises out of an award passed by the Motor Accidents Claims Tribunal, Madurai, in M. A. C. O. P. No. 160 of 1971 on its file.

(2.) ON 2nd December, 1970 at about 3. 45 p. M. one Naina Mohammed was going in his motor cycle, M. D. A. 7826 from east to west in Tamil Sangam Road, Madurai Town, with three boys on the pillion of the motor cycle. At that stage, the Madras Fire Service Ambulance van, M. S. M. 2103 driven by one Diraviam Paul and owned by the State of Tamil Nadu through the Director of Fire Services, came in the opposite direction and it hit against the motor cycle violently, with the result all the riders in the motor cycle were thrown away resulting in serious injuries. The injuries sustained by Naina Mohammed proved fatal later on at 3 a. m, on 3rd Decernber, 1970 when he was carried to the hospital for treatment. Alleging that the driver of the van drove it in a rash and negligent manner and that the accident was solely due to his driving the vehicle on the wrong side of the road, the widow and the children of the deceased Naina Mohammed filed the claim petition, claiming a compensation of Rs. 60,000.

(3.) THE Tribunal, on these rival contentions, took up the following two points for consideration: 1. Whether the accident was due to the rash and negligent driving of the Ambulance Van, M. S. M. 2103 by 1st respondent" 2. Whether the petitioners are entitled to claim any damages from the respondents, and if so, to what amount"