P. ARURAUKON Vs. RETHNAMMAL AND ORS.

JUDGEMENT

(1.) THIS appeal arises out of an order passed by the Motor Accidents Claims Tribunal, Kanyakumari at Nagercoil (District Judge of Kanyakumari), dismissing the Petition of the Appellant, for the grant of compensation for the death caused to his daughter in a motor vehicle accident on 8th May, 1963 at Kannikulam Parayadi Junction in the Nagercoil -Tiruvandrum Main Road.

(2.) THE vehicle involved in the accident is a pleasure car belonging to the first Respondent. The vehicle was driven by R.W. 1 at the time of the accident. While R.W. 1 was driving the car, he had to overtake a lorry and in the act of doing so, he dashed against a P.W.D. tin. which, in turn dashed against the girl sitting on a parapet wall nearby causing injuries to the girl who succumbed to the injuries later. The father of the deceased girl filed a claim Petition before the Motor Accidents Claims Tribunal, Nagercoil, both against the owner of the vehicle and the Insurance Company, contending that the driver of the vehicle was driving at a terrific speed and that he was culpably negligent in overtaking the lorry and causing the accident which ended in the death of the daughter of the Appellant.

(3.) IN this appeal by the father of the deceased girl, the only point that arises for consideration is whether there was any culpable negligence on the part of the driver of the car. at the time of the accident. Evidence was adduced that on the date or the accident it was drizzling, that the driver of the car sounded the horn and, on taking the signal from the lorry driver, he overtook the lorry and while overtaking the lorry the car skidded and dashed against a P.W.D. tin and that the tin hit at the deceased girl sitting on a parapet wall. P.W. 2 deposed that the car was running with speed but he could not say at what speed. The driver of the car also deposed that he applied the brake when he found the lorry driver driving towards the side of his car, at the time of overtaking, and that when he got down he saw the girl falling down with injuries. The driver of the car was arrested and charged but acquitted in the criminal case.