PALLAVAN TRANSPORT CORPORATION Vs. SUREDDY SEETHAMMA

JUDGEMENT

(1.) THIS appeal filed by the 2nd defendant is against the judgment and decree in O.S. N. 7930 of 1975 on the file of the II Assistant Judge, City Civil Court, Madras.

(2.) THE suit by the 1st respondent herein is for recovery of Rs. 42,903/- as compensation for damage caused to the plaintiff's lorry by the 2nd defendant-appellant's bus, driven by the 1st defendant, who is the 2nd respondent herein.

(3.) NOW , in this appeal, the learned Counsel for the appellant urged at first that the civil court had no jurisdiction to try this suit in view of the interpretation he put to the proviso to Section 110(1) of the Motor Vehicles Act (hereinafter referred to as 'the Act'). Section 110(1) of the Act including the proviso runs as follows: