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1974 Supreme(Mad) 151

P.S.KAILASAM, MAHARAJAN
Srinivasa Roadways, Madurai – Appellant
Versus
Saroja – Respondent


Advocates:
A. Sundaram Iyer and P. Balasubramanian, for Appellant, K. C. Srinivasan, G. Ramaswami, M. A. Sadanand, Sundararajan and Sivaswamy, A. Ramanathan, R. Vadantham and R. Srinivasan, for Respondents.

Judgement

MAHARAJAN, J.:- These appeals and civil revision petitions are directed against the common order of the Motor Accidents Claims Tribunal, Madurai, in M. A. C. O. P. 75 and 143 to 145 of 1968. On 3-9-1967, at about 5-30 p. m., between milestones 274/4 and 274/5, in Madurai-Dindigul road, there was a collision between the bus MDU 6991 belonging to the Kodaikanal Motor Union (Pte) Ltd., and lorry MDA 1440 belonging to Srinivasa Roadways Ltd. A number of persons were inside the Bus as passengers at the time of the collision and ten of the passengers received injuries and one of them, Prof. Sundaramoorthy, succumbed to his injuries in the hospital about two weeks after the accident. The scene of the accident is a national highway, the tarred portion of which is 22ft. 4 inches wide. There is a mud portion about 4 ft. wide on either side of the road. The total width of the road at the scene of accident would therefore be about 30 ft. 4 inches. The road is wide enough, therefore, to allow free passage for a lorry and a bus moving in opposite directions. If each of the vehicles had been driven on its right side of the road, there would have been a clearance of at least 14 ft. in bet


























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