NEW INDIA ASSURANCE COMPANY LIMITED Vs. NANJAMMAL

JUDGEMENT

(1.) The appellant/3rd respondent has preferred the present appeal in C.M.A.No.2534 of 2004, against the decree and common order dated 17.07.2002 made in MCOP No.34 of 2001, on the file of Motor Accident Claims Tribunal (Principal Subordinate Judge of Gobichettipalayam).

(2.) The short facts of the case are as follows: -

(3.) The second respondent in his counter, which was adopted by the first respondent, has submitted that the deceased Mahesh and two others had hired the first respondent's vehicle in order to sell their coconuts at Bannariamman Temple. It was submitted that when the first respondent was driving the vehicle from Bannariamman Temple on the extreme left of the road, as per traffic rules and regulations, the deceased Mahesh and one Nanjammal had travelled on the rear right side of the Mini -door vehicle and when the vehicle was near Uthayamarathittu at 1.45 p.m, the goods matador van, coming in the opposite direction and driven at a high speed and in a rash and negligent manner and dashed against the right side body of the first respondent's vehicle and caused the accident. The first respondent had immediately admitted the deceased Mahesh, Nanjammal and Karuppayal, at the Government Hospital, wherein the deceased Mahesh had succumbed to his injuries. It was submitted that the complaint regarding the accident had been given by the first respondent and that no charge sheet has been filed against him. It was submitted that the petitioner can get solatium from the Tamil Nadu Government by giving a petition and is not entitled to file a claim before this Court. It was submitted that the petitioner should prove the age and educational qualification of the deceased through documentary evidence. It was submitted that the claim was excessive.