CHIMASWAMI AND ANR. Vs. M. VIJAYAL AND ORS.

JUDGEMENT

(1.) THIS appeal arises out of proceedings before the Motor Accidents Claims Tribunal, (District Judge). Tiruchirapalli. The Tribunal awarded compensation in a sum of Rs. 7,000 to the widow and minor daughter of one R. Mutbu, who died in a motor accident at Pudnkottai on 10th September 1962, caused by the first Appellant Chinnaswami, whose car was insured with the second Appellant -reassurance company. The Tribunal held that the accident took place only due to the negligence and rashness on the part of the owner of the car. Taking into account the status and age of the deceased, it awarded Rs. 7,000 as compensation which amount was payable by the insurer. The owner of the car and the insurance company have now preferred this appeal.

(2.) LEARNED Counsel for the Appellants contended before me that there was no evidence to show that the owner of the car was driving at a terrific speed or that he was. responsible for causing the death of the deceased. It is true that there is no direct evidence as to how the accident happened. P. Ws. 1 and 2 speak to their hearing of a noise and to the dragging of the deceased by the car. Many attempts have been made by the Judges and others to define negligence legally. For the first time, in year 1956, negligence was defined in Blyth v. Birmingham Water -works 11 Ex. 781 :

(3.) THE appeal is dismissed. There will be no order as to costs.