NATIOANL INSURANCE CO LTD Vs. VEDAVALLI ALIAS VEDANAYAGI

JUDGEMENT

(1.) THE National Insurance Co. Ltd. , which figured as the 2nd respondent before the Motor accidents Claims Tribunal (III Additional district Judge), Pondicherry has brought-forth this Civil Miscellaneous Appeal under section 173 of the Motor Vehicles Act, 1988 against the judgment and award of the said tribunal dated 30. 08. 2001 made in m. C. O. P. No. 167 of 1988 on the file of the said tribunal.

(2.) THE first and second respondents herein claiming to be the legal heirs and dependents of deceased Thirugnanam @ thirugnanasambandam had preferred a claim on the file of the Motor Accidents claims Tribunal, Pondicherry in m. A. C. T. O. P. No. 167 of 1988 under section 110-A of the Motor Vehicles Act, 1939 (old Act) praying for an award directing the respondents 3 and 4 and the appellant herein to pay a sum of Rs. 1,00,000/- as compensation for the death of the above said thirugnanam @ Thirugnanasambandam due to the injuries sustained by him in an accident that took place on 13. 06. 1988 at about 9. 00 p. m on the Cuddalore-Pondicherry Main Road at Kattukuppam opposite to industrial estate.

(3.) ACCORDING to the petition averments, while the above said Thirugnanam @ thirugnanasambandam was proceeding in his bicycle from Kannikovil to Kattukuppam riding the same on the extreme left side of the road, the car belonged to the third respondent (first respondent in the MCOP)bearing Regn. No. PYX 933 hit him and caused the accident as the said vehicle was driven by its driver at high speed with rashness and negligence. The rash and negligent driving of the car by its driver was the sole cause of the accident and hence the third respondent, being the owner of the said vehicle is liable to pay compensation to the first and second respondents who are respectively the mother and son of the deceased. Soon after the accident, the deceased Thirugnanam @ thirugnanasambandam was taken to the hospital and there he was given treatment as an in-patient for two days which proved ineffective and ultimately deceased thirugnanam @ Thirugnanasambandam succumbed to the injuries on 15. 06. 1988.