LAWS(MAD)-1951-3-22

H I HALLIGUA Vs. MOHANASUNDARAM

Decided On March 22, 1951
H.I.HALLIGUA Appellant
V/S
MOHANASUNDARAM Respondents

JUDGEMENT

(1.) Plaintiff, Mrs. H. I. Halligua, who belongs to the community of Cochin jews, sues defendant 1, a Madras taxi owner, for the recovery of Rs. 15,090-6-9 as general and special damages incurred as a result of injuries she sustained consequent on a collision between defendant l's taxi in which she was travelling, with a tram car in Mount Road, Madras, on 10th March 1947. Defendant 1 has impleaded the Kaiser-i-Hind Insurance Company Ltd., as defendant 2 under third party procedure to make them liable under their policy of insurance. Both the defendants have sought to repudiate liability on the ground of absence of any negligence on the part of defendant 1's driver. The company seeks in any event to limit their liability to Rs. 2000 in accordance with a copy of the policy, Ex. D. 5, issued by them. The original policy issued to defendant 1 is not forthcoming.

(2.) The following issues were framed.

(3.) The facts are these. The plaintiff and her husband who is a well-to-do merchant and landlord at Cochin came on a four day visit to Madras and arrived on the morning of 10th March 1947. They were staying at the Tourists Home. They engaged defendant 1's taxi in which they travelled along with plaintiff's sister, Miss Koder, examined on commission at Cochin as P.W. 3. The taxi dropped plaintiff's husband, P.W.7, at the Hanagraph Studio and the two ladies were proceeding to the Y. W. C. A. The taxi driver drove to the Caltex petrol bunk next to Messrs. Lawrence and Mayo Ltd., on the Mount Road and after filling up with petrol, was crossing the road towards Bosottos when a tram car proceeding towards the Mylapore side collided with the taxi and smashed up the front portion of the car. Miss Koder only received a bruise on one shoulder. Plaintiff says she immediately became unconscious, and when she regained her senses she found herself bleeding badly from the nose and mouth. She could not stretch out her hands and all her fingers became set. A passing taxi with some soldiers came to their rescue and took them to the Hanagraph Studio where plaintiff's husband was. He took them immediately to the Casualty Department in the General Hospital. The only injury shown in the Casualty Medical Officer's certificate, Ex. P. 7, was an abrasion on the upper lip and bleeding from the upper gums.