RAJAPPA Vs. ANDALAMMAL

JUDGEMENT

(1.) THESE revision petitions arise out of an order made by the learned City Civil court Judge rejecting the applications of the petitioners made under Order 22, rule 4, C. P. C. for bringing the sons, daughters and the widow of the deceased first defendant in the suits on record as his legal representatives. O. S. Nos. 51 of 1952, 1888 of 1951, 1898 of 1951 and 130 of 1952 were filed against the deceased first defendant by various plaintiffs claiming damages for injury done to them while they were travelling in the motor vehicle plied by the first defendant between Madras and Kalavai and by reason of an accident which occurred during their sojourn on 24-12-1950.

(2.) THE deceased first defendant was the owner of a fleet of buses carrying passengers for hire between Madras and Kalavai and other places under permits granted by the Government of Madras. One of his buses was plying for hire between the places mentioned above. The case of the plaintiffs was that the bus in question on the date referred to above was plying with overload of passengers and was being driven rashly and negligently by the driver at the time when the accident occurred. It is stated that the driver, when he was driving at full speed, was trying to avert a bullock cart and swerved suddenly to the north of the road and that the vehicle went off the road and dashed against the tree in a violent manner and with great force. The impact, was so great that the two front wheels of the bus tore off from the chassis. The bus was seriously damaged and rendered unfit" for further use. As a result of the accident, the passengers were seriously injured and some also died on the spot.

(3.) EACH of the plaintiffs who suffered injuries bodily and mentally by reason of the paid accident claimed various sums by way of damages against the first defendant after due notice to the first defendant. They also stated in their plaints that the motor vehicle was insured with Messrs. Viswabarathi Insurance Company carrying on business at No. 37 Errabalu Chetti St. , G. T. Madras, as required under the motor Vehicles Act (Act IV of 1939) and for that reason the insurance company was also made a party defendant.