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1970 Supreme(Mad) 46

M.NATESAN, P.R.GOKULAKRISHNAN, VEERASWAMI
Jayalakshmi and Others – Appellant
Versus
Ruby General Insurance Company and Another – Respondent


Advocates Appeared: For

Judgment :-

VENKATARAMAN, J. - This is an appeal against the order of the Motor Accidents Claims Tribunal, Madras, dismissing the petition which the appellants filed under section 110A of the Motor Vehicles Act, claiming compensation of Rs. 1, 50, 000 on account of the death of one Krishnaswami. He was driving the car MSY 3938 in Mount Road at 10-40 A.M. on April 24, 1964. In the opposite direction, the lorry belonging to Smt. R. Hamsavalli (second respondent in the petition and in the appeal before us) came. The case of the appellants was that the lorry was driven by its driver, one Munuswami, in a rash and negligent manner and it dashed against the car MSY 3938, as result of which, Krishnaswami died. The first respondent in the petition is the insurance company, with whom the lorry has been insured.

At the outset, we must clear the confusion which has arisen about the directions of the travel of the lorry and the car. According to the arguments addressed to us on the basis of the sketch, exhibit P-1, drawn by the inspector or police (P.W. 1), who arrived at the spot at 11-20 A.M., i.e., after 40 minutes of the accident, the car was travelling from east to west at the particular pl















































































































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