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1965 Supreme(Mad) 162

P.CHANDRA REDDY, RAMAMURTI
B. Govindarajulu Chetty – Appellant
Versus
M. L. A. Govindaraja Mudaliar – Respondent


JUDGMENT

Ramamurti, J.

(1) This appeal arises out of a claim made before the Motor Accidents Claims Tribunal under Section 110 of the Motor Vehicles Act. The appellant's son, aged about 24 years, while going on a cycle from Elephant Gate to the Central Station met with an accident and was killed as a result of a lorry coming behind and hitting him and throwing him off the ground. This took place in the Walltax Road on 22-1-1962 at about 6-15 p.m. The first respondent is the owner of the lorry, the second respondent is the insurance company; the third respondent is the owner of a work-shop and a lorry repairer to whom the lorry has been entrusted for repairs by the first respondent at the time of the accident, while the 4th respondent is the person who drove the lorry which was involved in the accident.

(2) Respondents 1 and 2 contested the claim and respondents 3 and 4 remained ex parte. The Accidents Claims Tribunal found that the accident took place on account of the negligent way in which the lorry was driven by the 4th respondent, and that the appellant, the father of the deceased would be entitled to a sum of Rs. 8000 as compensation. The main defence of respondents 1 and 2 was t

















































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