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1965 Supreme(Ker) 320

M.MADHAVAN NAIR
GOPALAKRISHNAN EMBRANDIRI – Appellant
Versus
KRISHNANKUTTY – Respondent


Judgment :-

1. After the mid-night of January 5/6,1959, the 4th defendant drove the lorry KLR.1190, into the plaintiff's restaurant, Radhakrishna Coffee Club, Trichur, breaking its front shutters' and damaging a frigidier, show-cases, almirahs, tables, chairs, tube lights etc. therein. The 1st defendant was the owner of the lorry and the 2nd defendant is his brother who was in possession, control and management of the lorry. 3rd defendant was its cleaner. The 4th defendant was the mechanic employed by the 2nd defendant to do minor repairs to this lorry and another belonging to himself. At the time of the accident, the 4th defendant was taking the lorry on a test-run after fastening its steering column to the foundation with a new bolt; and the 3rd defendant was beside him in the lorry. The mahazar, Ext. P. 8, prepared by the Sub-Inspector of the Town Police station, Trichur, shows that the foot-path in front of the restaurant is 11 ft. 9 inches in width and 9 inches higher than the concrete road which is 47 ft. broad, that the floor of the restaurant is 6 inches higher than the foot-path and that the lorry went 11 ft. inside the hall of the restaurant, causing the aforesaid damages


































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