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1983 Supreme(Mad) 162

GOKULAKRISHNAN, NATNAR SUNDARAM
Andhra Marine Exports (P) Ltd. – Appellant
Versus
P. Radhakrishnan – Respondent


Advocates:
P. Ananthakrishnan and K. Shanmugha Nair, for Appellants, K. Swamidurai, M/s. King and Partridge and K. S. Narasimhan, for Respondents.

Judgement

NAINAR SUNDARAM, J. :- The proceedings which have come up to this Court arise out of an accident, which took place on 6-5-1978 at about 11.20 a.m. or 11.40 a. m. and which involved the bus belonging to the Kattabom man Transport Corporation Ltd. hereinafter referred to as the Transport Corporation, and the van belonging to Andhra Marine Exports Private Ltd., hereinafter referred to as the Van owners. The van was insured with the United India Fire and General Insurance Co., hereinafter referred to as the Insurance Company. One A Pathrose was the driver of the van. One Natarajan was the driver of the bus. P. Radhakrishnan was a passenger in the bus. We will presently came to the question as to the nature of and the manner in which the accident took place and as to who is to be held culpable for the accident. In the accident Natarajan, the diver of the bus, and another passenger in the bus died at the spot. P. Radhakrishnan sustained injuries, the details of which we will have occasion to refer to in the course of this judgment. P. Radhakrishnan laid M. A. C. P. No. 14 of 1977 before the Subordinate Judge, Nagarcoil, claiming compensation Rs. 15000 for the injuries sustained























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