MADRAS MOTOR AND GENERAL INSURANCE CO. LTD Vs. MADATHI AMMAL

JUDGEMENT

(1.) THIS is an appeal by the Insurance Company against the order of the Motor Accidents Claims Tribunal. Tirunelveli, awarding a compensation of Rs. 5,000 under Section 110 -A (1) of the Motor Vehicles Act, to one Madathi Ammal for the death of her husband Paramasiva Konar in a traffic accident. The accident itself took place at 4.30 a.m. on 8 -1 -1969. While the deceased was driving his single bullock cart in an easterly direction along the Tirunelveli Tiruchendur main road, west of Vittilapuram vilakku, lorry MDT 7441 belonging to Badrakali Animal (the first respondent in the Court below) and insured with the appellant and driven by one Bamachandran dashed against the bullock cart, with the result the deceased was thrown off the cart and was killed on the spot

(2.) AFTER the accident, the driver himself lodged Ex. A -3, the first information report, in which he stated that while driving, he had a nap for a second, with the result his lorry dashed against the bullock cart, and the driver of the cart and the bullock died on the spot. On foot of this first information report, the driver was prosecuted under Sections 304 -A and 279, I. P. C. before the Additional First Class Magistrate, Tirunelveli, and convicted and sentenced to undergo rigorous imprisonment for nine months and three months respectively. In these circumstances, the learned counsel for the appellant is fair enough to concede that the plea of rashness and negligence on the part of the lorry driver has been established and he is not prepared to challenge the finding in this behalf.

(3.) IT is lastly contended that the construction contended for would receive support from Section 3 of the Motor Vehicles Act. I am unable to agree. Section 3 says -