Swamikkannu, J.

1. A.S. No. 511 of 1981 is an appeal preferred by the first defendant Thiruppathi Venkatachalapathy Lorry Service, through partner N. Rathinasami Nadar against the judgment and decree dated 24.1.1981 in O.S. No. 91 of 1978 on the file of the Sub Court, Ramanathapuram at Madurai, decreeing the suit for damages as prayed for with costs. A.S. No. 659 of 1982 is an appeal by the third defendant Mama Roadways through its partner Javerchand, Dana Bazaar, Jalgaon, Maharashtra, against the judgment and decree in the very same O.S. No. 91 of 1978. The New India Assurance Company Limited, Madurai; M/s Sundaraj Match Industries Private Limited, through its Managing Director, Sivakasi; Plaintiffs 1 and 2, Shri Radha Shyam Sharma, Mama Roadways, Jalgaon, defendants 2 and 3 are respondents 1 to 4 in Appeal No. 511 of 1981. In A.S. No. 659 of 1982 the first plaintiff New India Assurance Company Limited, second plaintiff Sundaravel Match, Industries Private Limited, the first defendant Thirupathi Venkatachalapathy Lorry Service and second defendant Shri Radha Shyam are respondents.

2. The case of the plaintiffs New India Assurance Company Limited and M/s Sundaravel Match Indu