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1976 Supreme(Mad) 47

N.S.RAMASWAMI
Dharmalinga Mudaliar – Appellant
Versus
N. Mohamed Ebrahim – Respondent


Advocates:
M.A. Sadanand, for Appellant and M. Kalyanasundaram, for Petitioner; K. Sarvabhauman, T.S. Rangarajan, M. Rajaram for Sundararajan and Sivaswami, for Respondents.

Judgement

JUDGMENT:- This appeal and the revision petitions arise out of the claims made regarding a motor accident. The accident took place on 21-12-1967, the motor car bearing registration No. MSY 6929, belonging to Mohamed Ebrahim, the plaintiff in O. S. No. 73 of 1969, was being run as a taxi. The bus MDO 5783 belonging to the first defendant in that suit was the other motor vehicle involved in the accident. It was a head on collision between the two vehicles in which the motor car (MSY 6929) came to be badly damaged. The occupants of the car had been injured. The claim in the suit, out of which A. S. No. 348 of 1972 arises, is made by the owner of the car (taxi) regarding the damage to the vehicle on the ground that the accident was due to negligence on the part of the driver of the bus. The four revision petitions arise out of four different claim petitions filed by the injured in the said accident.

2. The owner of the bus and the insurer thereof who were made parties to the suit as well as the claim petitions contested the claims. The court below held that the accident was due to the negligence on the part of the driver of the bus and that therefore, the owner of the car as we























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