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1990 Supreme(Ker) 229

VARGHESE KALLIATH, RAMAKRISHNAN
K. S. R. T. C. – Appellant
Versus
John – Respondent


Judgment :-

Varghese Kalliath, J.

Kerala State Road Transport Corporation is the appellant. Appeal is against the award in O.P. (MV) No. 540 of 1987. The Motor Accidents Claims Tribunal, after considering the evidence and circumstances revealed in the case, awarded an amount of Rs. 2,80,950/- together with interest at 12% per annum from 9-7-1987 till the date of realisation and proportionate costs. This amount was directed to be paid by the appellant herein, the second respondent in O.P. (MV) No. 540 of 1987.

2. Two questions arise for consideration in this appeal. Appellant submitted that the award is not justifiable for the simple reason that the Tribunal's finding that the driver of the appellant's vehicle was negligent, is incorrect. The second contention is that the Tribunal has grievously erred in fixing the quantum of damages. It is submitted that it is not only arbitrary but also unreasonable. We have to consider the above two questions on the facts and circumstances of the case. These are the facts.

3. Petitioners in the O.P. are the father, mother, widow and children of deceased Joseph John. Joseph John is the son of the first petitioner and the second petitioner. Third peti


































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