R.BANUMATHI, R.SUBBIAH
J. Jeevanantham @ Jeeva – Appellant
Versus
M. Sivalingam – Respondent
R. SUBBIAH, J,
1. These appeals arise out of a common award (14.02.2008) passed by the Motor Accidents Claims Tribunal (Chief Judge, Court of Small Causes), Chennai, in M.C.O.P.Nos. 1272 and 1256 of 2006 respectively.
2. The case of the appellants, in brief, are as follows:
On 01.03.2006 at about 01.30 Hours, the appellant in CMA No.2795 of 2008 (Shanmughanathan) was driving TATA 709 Van bearing registration No.TN 07 AZ 2830 from south to north in 100 feet Jawaharlal Road at a moderate speed and when he was proceeding near the junction of 18th Main Road, Thirumangalam, Chennai, a car bearing registration No.TN 72 U 3442 came from east to west direction in a rash and negligent manner, cut across the 100 feet Jawaharlal Road and came to the western half of the road. Because of hectic speed, the driver of the car unable to make 'U' turn while turning towards north direction and he came to the western side of the road. On seeing the reckless speed of the car, the driver of the van applied sudden brake and in order to avoid dashing against the car, swerved the van to the left side and dashed against the tree on the western side; due to which, the driver had sustained fractu
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