Sadasivam, J.-The appellant, the Queensland Insurance Co., Ltd., in these appeals, was the second defendant in the three suits, O. S. No. 132 of 1961 filed by Swaminatha Mudaliar, O. S. No. 171 of 1962 filed by Lakshmikanthamma, wife of the said Swaminatha Mudaliar, and O. S. No. 84 of 1962 filed by the legal representatives of Sivagnana Thevar, in the Court of the Subordinate Judge of Tiruchirapalli, for damages for rash and negligent driving of the motor car, MSY 4891, by one Pitchai, who was employed as driver by one N. Radhakrishnan, the then owner of the car, who was impleaded as the first defendant in all the suits, resulting in a serious accident causing injuries to Swaminatha Mudaliar and his wife, Lakshmikanthamma, and the death of Sivagnana Thevar. It is not disputed that the driver, Pitchai, dozed off while driving the car along Tiruchirapalli-Turaiyur road and that this resulted in the car swerving from the road and dashing against the culvert near the milestone indicating 17 miles 2 furlongs. The driver of the car was prosecuted under section 304-A, Indian Penal Code, convicted and sentenced.

There is no dispute about the quantum of damages assessed and decreed by the l

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