RADHAKRISHNA MENON, RAMAKRISHNAN
Kerala State Road Transport Corporation – Appellant
Versus
Bhaskaran – Respondent
Radhakrishna Menon, J.
The Kerala State Road Transport Corporation, for short, The Corporation, the claimant in O.P. (MV) No. 164 of 1985 of the M.A.C.T. Manjeri, is the appellant.
2. Facts relevant and requisite to dispose of the appeal can briefly be stated thus: The bus bearing Registration No. N. 487 belonging to the Corporation was operating on the route Mundakkayam - Nilambur. On 23-10-1984 when this bus was ascending a slope near the place called Naripoil, the bus, driven by the first respondent, (for short the private bus ) was seen coming from the opposite direction at an abnormal speed and without sounding the horn. The driver of the Corporation stopped the bus on the
left side of the road. The other bus hit the Corporation bus causing damage to the same. The Revenue loss suffered by the Corporation during the period when the bus was off the road was assessed at Rs.99600/-. This claim was in addition to the claim falling under the head 'repair charges'. No other point, apart from the one dealt with the para 10 infra arises for consideration in the appeal, according to the parties.
3. The respondents including the Insurance Company contested the claims.
4. After con
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