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1993 Supreme(Ker) 338

T.L.VISWANATHA IYER, P.KRISHNA MOORTHY
Anuradha Varma – Appellant
Versus
State of Kerala – Respondent


Judgment :-

P. Krishnamoorthy, J.

Appellants are the wife and children of one Sundharan Varma who died during the pendency of the proceedings before the Motor Accidents Claims Tribunal. Deceased Santharam Varma,, while he was travelling from Palghat to Kollengode in his motorcycle, was hit by a jeep coming from the opposite side having registration No. KRT.9695, belonging to the Sales Tax Department of the Kerala Government, at 7 p.m. on 28-3-1979. The accident occurred at a place called Kozhikode. He sustained injuries and it was due to the rash and negligent driving by the driver of the jeep. Immediately after the accident he fell down and became unconscious. He was taken to the hospital where he was under treatment for nearly a month. It is alleged that even thereafter he had to continue his treatment for another three months, though actually he was not an inpatient in the hospital. Accordingly he claimed a total compensation of Rs. 1,40,000/- from the Slate, made up of Rs. 1,00,000/- towards loss of earnings, Rs. 10,000/- for medical expenses for treatment, Rs. 25,000/- for pain and suffering and Rs. 5,000/- towards damages to the motorcycle.

2. The respondent-State filed an obje










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