D NARAYANASWAMI Vs. SURESH GUPTA

JUDGEMENT

(1.) These three appeals arise out of the same accident occurred OrtApril 4, 1982. Therefore, they are disposed of by a common judgment. The Tribunal below also disposed of all the three original petitions by a common judgment.

(2.) The appellant is the owner of the vehicle TNH 9145. One SaralaRani and the respondents in the civil miscellaneous appeals, her husband and children along with one Radha Vallabha Swamy were proceeding in the car TNW 8262 from Tirumala to Madras. When the car reached Anjalamma Kanuma it is the appellant's case, the driver Dandapani was driving the bus. The driver of the car by name Kabali rashly and negligently drove the car and as a result of which the accident has taken place. Therefore, the appellant is not liable for payment of any damages as compensation for the loss of the lives of Sarala Rani, Kabali the driver of the car and also for the injuries caused to the first respondent, Suresh Gupta.

(3.) On the other hand, the case of the first respondent and the widowand children of the driver Kabali is that they were proceeding in the car and when they reached Anjalamma Kanuma on Tirumala-Madras road, the vehicle was driven by one Elumalai, an unauthorised driver, and dashed against the car as a result of which Sarala Rani, Kabali died and the first respondent sustained serious injuries and consequently they have laid a claim.