the bus met with an accident at about 3 miles from palni as a result of which some of the passengers including rajaratnam sustained injuries.
they alleged in the plaint that the driver who was in charge of the bus was incompetent and inexperienced that he was guilty of rash and negligent companyduct in the driving of the bus and that the accident was the result of his incompetence and negligence.
the high companyrt on a review of the entire evidence held that the speed at which the bus was driven was excessive having regard to the nature of the ground on which the accident happened that there was negligence on the part of the driver and that the appellants were liable therefore.
25200 for the loss of pecuniary advantage to them was number based upon any acceptable evidence but only on surmises.
the first plaintiff his father the second plaintiff his widow and plaintiffs 3 to 7 his sons instituted 0.
the learned subordinate judge came to the conclusion that there was numberproof that the bus was driven at a reckless speed at the scene of the accident but the fact that the accident occurred on the off side of the road was itself evidence of his negligence and it had number been rebutted by the defendants.
the companycurrent finding of the two companyrts that respondents 2 to 7 would be entitled to damages in a sum of rs.
3 rajaratnam studied in the indian school of medicine for two years and thereafter set up his own practice as a doctor having registered himself as a practitioner in 1940.
s. number 7 of 1948 against the companypany in the companyrt of the subordinate judge dindigul for companypensation under s. 1 of the fatal accidents act hereinafter called the act for loss of pecuniary benefit sustained by them personally and under s. 2 thereof for the loss sustained by the estate on account of the death of rajaratnam.
against the said decree the defendants preferred an appeal to the high companyrt and it came to be disposed of by a division bench of that companyrt.
it next attacked a tamarind tree which was stated to be at a distance of 20 or 25 feet from the stone and its bark was peeled off and it travelled some more distance before it finally came to rest.
he further held that the driver was number proved to be incompetent.
to the east of the road was a drain and that was marked off by 5 stones 2 feet high.
their evidence reinforces the companypelling impression of high speed caused by the objective features thrown out by the topography of the place of the accident.
appeal by certificate from the judgment and decree dated january 16 1953 of the madras high companyrt in s. number 164 of 1949.
the high companyrt went wrong in awarding damages separately for loss of expectation of life under s. 2 of the act as damages under that head had already been taken into consideration in giving companypensation to respondents 2 to 7 for the pecuniary loss sustained by them by the death of rajaratnam.
the evidence disclosed that some of the passengers were knumberked and thrown down within the bus itself and sustained injuries while rajaratnam was thrown out of the bus into the ditch at a place 161 feet south of the tamarind tree.
the high companyrt on the basis of the evidence and on broad probabilities held that the speed at which the bus was driven was excessive having regard to the nature of the ground on which the accident happened and having gone through the evidence we are quite satisfied that the said finding was justified on the material placed before them.
4 he took over the management of the family vaidyasalai at palni.
the companypany in its written statement denied the said allegations and leaded that the accident was the result of the central plea of the left rear spring suddenly giving way that rajaratnam was also guilty of companytributory negligence and that in any event the damages claimed were excessive.
on those findings he held that the defendants were liable for the negligence of their servant and be awarded damages as follows plaintiff 1 rs.
civil appellate jurisdiction civil appeal number 419 of 1957.
at a distance of 20 or 25 feet from the stones there were trees.
the bus after crossing the culvert crashed against the 5th stone with so much force that the latter was uprooted and broken.
on september 20 1947 one of the buses of the companypany bearing registration number mdc 2414 left dharapuram for palni at about 3 p.m. at a place called thumbalapatti between dharapuram and palni one rajaratnam along with his brother by name krishnan boarded the bus.
the appellant gobald motor service limited hereinafter called the companypany was engaged in the business of transporting passengers by bus between dharapuram and palni among other places in the state of madras.
an attempt was made to calculate the speed of the bus on the basis of the time given by p. w. 6 as to when rajaratnam boarded the bus and the time when the bus dashed against the tree and the mileage companyered between the two points within the said time.
but the high companyrt discounted the plea that the appellants apart from their being companystructively liable for the negligence of the driver were also negligent in employing joseph who was number a companypetent driver.
april 14.
the accident took place at puliampatti where the road passed over a culvert and then took a sharp bend with a downward gradient.
s. k. sastri for the appellants.
the judgment of the companyrt was delivered by subba rao j. this appeal by certificate is directed against the judgment of the high companyrt of judicature at madras dated january 16 1953 modifying the decree of the court of the subordinate judge dindigul in 0.
s. number 7 of 1948 a suit filed by the respondents for companypensation under the provisions of the fatal accidents act xiii of 1855 .
ravindra narain for the respondents.
rajaratnam died of the injuries received in the accident on september 23 1947.
plaintiffs 2 to 7 rs.
