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1981 Supreme(Mad) 55

RAMANUJAM, SENGOTTUVELAN
Calcutta Insurance, Madras, Now Known As National Insurance Co. Ltd. – Appellant
Versus
Thirumalai Animal – Respondent


JUDGMENT

Ramanujam, J.

1. These two appeals arise out of two claim petition filed under S. 110-A of the Motor Vehicles Act by the window of one, Dharmaraj and the widow and children of one Thirumal, both of whom died in a motor vehicle accident.

2. On 22-8-1972, at about 12.50 p. m. the said Dharmaraj and Thirumal were going on a motor cycle MSQ 6512; Dharmaraj riding it and Thirumal sitting on the pillion. When they were going in the Kodambakkam bridge in Arcot Road the motor car MSR 5018, which was coning in the opposite direction, suddenly dashed on the motor cycle as a result of which the right leg of Dharmaraj was cut off below the knee, and thrown to a distance of 12 feet and both the legs of the pillion rider, Thirumal, were fractured. Both the injured were taken to the Government Royapettah hospital, but in the evening of the same day both of them succumbed to the injuries. On the ground that the accident was due to the rash and negligent driving of the motor car MSR 5018 by its driver, the widow of Dharmaraj filed O. P. No. 772 of 1972, claiming a compensation of Rs. 2,00,000, while the legal representatives of Thirumal filed O. P. No. 785 of 1972 claiming a compensation of R


















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