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1993 Supreme(SC) 9

General Manager, Kerala State Road Transport Corporation, Trivandrum – Appellant
Versus
Susamma Thomas – Respondent


JUDGMENT

The Kerala State Road Transport Corporation seeks special leave to appeal to this Court from the judgment dated 9th March, 1992 of the High Court of Kerala in M.F.A. No. 661 of 1986 enhancing compensation in a fatal accident action from a sum of Rs. 58,760/- to a sum of Rs.2,64,000/-. The respondents-claimants are the parents, widow and the children of Thomas Philip, aged 38 years who died in an unfortunate motor-accident that occurred on 19-2-1984 at a place called Plamood Junction at Pullad on Thiruvalla-Kothancherry in the State of Kerala involving a bus owned by the appellant. We have heard learned Counsel on both sides. Special leave granted.

The deceased Thomas Philip at the time of this unfortunate and untimely death was employed in the newspaper establishment of Malayala Manorama on a monthly salary of Rs. 1032/-. These facts and the fact that the accident was the result of actionable negligence on the part of the driver of the bus are not disputed.

2. The Motor Accidents Claims Tribunal, Alleppey in O.P. (M.V.) No.330/1984 on some calculations of its own, which we find it difficult to approve, determined a compensation of Rs. 58,760/- to the respondents claimants. On







































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