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1965 Supreme(Mad) 57

NATESAN, ANANTANARAYANAN
Indian Mutual General Insurance Society Ltd. Madras – Appellant
Versus
M. Kothandian Naidu – Respondent


Advocates:
V. P. Raman and N. R. Chandran, for Appellant; R. Rangachari and R. Ranganathan and V. Somasundaram, for Respondents.

Judgement

ANANTANARAYANAN, J :- These appeals arise out of a suit filed by the plaintiff for the recovery of a sum of Rs. 20,750 as damages, out of which plaintiff sought to recover Rs. 20,000 from the Indian Mutual General Insurance Society (second defendant in the suit), with regard to a fatal accident to his son Subbanna. aged 18 years. The learned Subordinate Judge of Chingleput tried the action on the merits, and gave a decree for Rs. 7500 due from both defendants, with proportionate costs. The Indian Mutual General Insurance Society Ltd. Madras (second defendant) has instituted the main appeal from this judgment and decree, which is on the substantial merits as well as on the quantum of damages, namely A. S. 162 of 1961. A. S. 309 of 1961 is an appeal by the plaintiff in the suit, which is limited to the ground that the quantum of damages ought to have been determined as at least Rs. 15000 in favour of the plaintiff-appellant.

2. A fact, which is of some relevance in the situation before us, is that D. Paddabhoy Reddi (first defendant), the proprietor of the lorry which caused the fatal accident, according to the evidence, and who was mulcted in damages equally with the second







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