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1983 Supreme(Mad) 101

RATNAM
Venkatachalam – Appellant
Versus
Sundarambal Ammal and Another – Respondent


Advocates Appeared:V. T. Gopalan, Radha Gopalan, R. Balasubramanian, Advocates.

Judgment :-

RATNAM J.

This appeal, at the instance of the owner of a bus, is directed against the award of the Motor Accidents Claims Tribunal, Cuddalore, in C.P. No. 346 of 1978. The first respondent had been carrying on the business of running a cycle shop and selling spare parts under the name and style of " Golden Cycle Stores " at No. 87B, Lawrence Road, Cuddalore-2, just opposite to the bus stand at Cuddalore. For the purpose of lending cycles on hire, she had purchased 9 cycles in all and it was the practice to park the cycles in front of the shop during night time. On June 17, 1978, at about 9.50 p.m. the driver of the bus belonging to the appellant as well as the conductor had left the bus with the key of the bus in position and had gone to take their meal. During their absence, the bus in question was started and driven by one Sengodan in a rash and negligent manner, with the result that the bus came out of the exit gate of the bus stand and went straight into the shop of the first respondent and stopped after hitting the shop and causing damage to the building, rolling shutter, spare parts as well as the cycles kept there. The first respondent stated that she sustained da






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