ULAGAMMAL Vs. NATIONAL INSURANCE COMPANY

JUDGEMENT

(1.) THIS is an appeal filed Under Section 110-D of the Motor Vehicles Act (Act No. 4 of 1939) by the petitioner Ulagammal, the appellant herein, against the award dated 21-4-1980 in M.O.P. No. 172/79 on the file of the Court of the learned II Addl. Subordinate Judge, Chengalpattu granting a compensation of Rs. 12,500/- with proportionate costs against the respondents and directing the first respondent to deposit the said amount within four months from the date of the award and also holding that if the amount was not deposited within six months, the appellant is entitled to 9 per cent interest from the date of the award till the date of deposit.

(2.) THE petition before the Tribunal was filed by the mother of the deceased Radhakrishnan praying the Tribunal to pass an award granting a compensation of Rs. 30,000/- for the death of the said Radhakrishnan in a motor vehicle accident on 8-12-1978 on G.S.T. Road caused by the car of the second respondent Ravindra Chander Chowdia bearing Registration No. T.M.Y. 5567 at Meenambakkam. The case of the appellant before the Tribunal is that the deceased was coming on G.S.T. Road on the western side, but the car of the second respondent, which was proceeding from north to south driven rashly and negligently, knocked down the deceased Radhakrishnan causing fatal injuries and this occurrence was due to the rash and negligent driving of the car of the second respondent. Therefore, the appellant has claimed Rs. 30,000/- as compensation.

(3.) THE following points were framed for consideration by the Tribunal: