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1973 Supreme(Mad) 24

N.S.RAMASWAMI, P.S.KAILASAM
C. P. Kandaswamy – Appellant
Versus
Mariappa Stores – Respondent


Judgement

N.S. RAMASWAMI, J. :- A preliminary objection regarding the maintainability of thus Civil Miscellaneous Appeal is raised by the contesting respondents and we think that the objection. has to be upheld and the appeal dismissed. The appeal arises out of a claim of Rs. 25,000/- made by one Mr. C.P. Kandaswami, an Advocate practising at Coimbatore, for injuries sustained by him in a motor accident that occurred on 1-11-1962 on the Perundurai-Erode Road. He was travelling in a Fiat Taxi bearing registration No. MDE 5747 and proceeding from Perundurai to Erode, when the Ambassador car bearing registration No. MDY 7077 belonging to the 1st respondent to the petition and driven by the 1st respondent's driver Senniappan came in the opposite direction in a rash and negligent manner, dashed against the Fiat Taxi and thereby caused several injuries to Mr. Kandasami, the petitioner. The petitioner claimed in all a sum of Rs. 25,000/- made up of Rs. 1,000/- towards medical expenses, Rs. 4,000/- towards loss of professional income Rs. 10,000/- for shock, pain and suffering and another sum of Rs. 10,000/- for the permanent partial disability suffered by him on account of the accident.

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