THE UNITED INDIA FIRE AND GENERAL INSURANCE COMPANY LIMITED REPRESENTING THE UNION ASSURANCE SOCIETY LIMITED Vs. AYISA AND ORS.

JUDGEMENT

(1.) THESE two appeals have been filed by the Insurance Company against the common award of the Motor Accidents Claims Tribunal, Coimbatore in respect of two claims made by two sets of individuals in respect of two deaths caused by the same accident.

(2.) ON 31st December, 1971, at 1 -30 A.M. three persons, Ibrahim, Gangadharan Nambiar and Moideen Kutty were proceeding from south to north on Jail Road, Coimbatore after attending a film. One T.C. Ganesan who was driving his car, M.D.A. 3737, came behind in a rash and negligent manner and dashed against Ibrahim and Gangadharan Nambiar. Gangadharan Nambiar died on the spot and Ibrahim died in the hospital sometime thereafter. The said T.C. Ganesan fled away from the place of accident without giving even the immediate first aid to the injured. He was charged by the police under is Section 304 -A, Indian Penal Code and on admission he was convicted by the Additional First Class Magistrate, Coimbatore. The widow and children of Ibrahim filed M.C.O.P. No. 55 of 1973 claiming a sum of 50,000/ -as compensation and the widow of Gangadharan Nambiar filed M.C.O.P. No. 56 of 1973 claiming a sum of Rs. 40,000. The case of both sets of claimants was that the said T. C Ganesan was rash and negligent in driving his car and that the place of the accident and damage to the vehicle will positively prove his culpable negligence in driving the vehicle.

(3.) THE Motor Accidents Claims Tribunal, after going through the evidence, both oral and documentary in considerable detail, came to the conclusion that the accident which resulted in the death of the two deceased was due to the rash and negligent driving of the car by the said T.C. Ganesan, and that the deceased were not guilty of any contributory negligence. As regards the quantum of compensation, the Tribunal fixed a compensation of Rs. 25,000 in each of the two cases. The driver of the car has not challenged the award of the Motor Accidents Claims Tribunal, but it is only the insurer who has filed the above appeals.