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1970 Supreme(Mad) 54

MAHARAJAN
T. M. Venkatarajan and Another – Appellant
Versus
T. Abdul Munaf Sahib and Others – Respondent


Advocates Appeared: K. C. Jacob, S. K. L. Ratan, P. C. Kuran,

Judgment :-

The first appellant is the owner, and the second appellant, the insurer, of, a lorry bearing registration number, MDU 5679, which was involved in an accident, as a result of which Hayat Basha, the cl eaner of the lorry, sustained injuries and died on the spot. Respondents Nos. 1 to 8 who are the heirs and legal representatives of the deceased, filed an application 1under section 110A of the Motor Vehicles Act before the Motor A he driver, because the lef t side of the lorry had come into violent collision with the right extremity of a stationary vehicle and the violence of the impact was such that Hayat Basha, the. cleaner. who was in the lorry. was thrown off his seat in front of the vehicle by the side of the driver of the vehicle and the vehicle itself lurched on its right side, and consequently the death of the cleaner was the result of negligence on the part of the driver of the lorry. The learned judge fixed the compensation payable at Rs. 5, 000 and directed the same to be divided among the claimants in the same ratio as they would be entitled to if Hayat had died leaving this fund as his property. The contention of the insurance company that their liability was







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