VELLAPANDI Vs. MANICKA THAI

JUDGEMENT

(1.) THIS appeal arises out of Claim Petition No. 11 of 1963 before the Motor Accidents Claims Tribunal (District Judge, Tirunelveli under Section 110 -A of the Motor Vehicles Act, 1939. The Petitioner Manicka Thai was a girl aged about 14 years. On 15 -1 -1963, at about 3 -30 p.m., she was walking on the western side of the Tirunelveli -Nagercoil main road at Nanguneri. She was going from south to north. Her case is that a motor cycle MDT 4947 driven by minor Vellapandi Thevar came opposite from north to south and hit her. She fell down unconscious. As a result of the impact, there was fracture of bones on her left leg and she became lame. Therefore, she filed the petition through her father and next friend for compensation of a sum of Rs. 5,000/ -. She claimed that she had been earning about Rs. 60/ - per month as labourer, that she could not do any manual work because she became lame, and that her prospects of marriage had become impaired.

(2.) MINOR Vellapandi Thevar through his father and guardian Vanamamalal Thevar was impleaded as 1st Respondent, the owner of the vehicle D. Subramanian as the 2nd Respondent, and the insurance company with whom the vehicle had been insured over claims of third parties as the 2nd Respondent.

(3.) ONE of the contentions taken by the father was that under the provisions of the Motor Vehicles Act no relief could be had against the father of the driver of the vehicle, but could be had only against the driver of the vehicle, its owner and the Insurance Company.