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1984 Supreme(Ker) 280

K.BASKARAN, M.P.MENON
MALABAR MOTOR TRANSPORT CO-OP. SOCIETY LTD. – Appellant
Versus
AMU – Respondent


Judgment :-

1. This appeal is by the 1st defendant in a suit for recovery of damages arising out of the death of one T. K. Ali Koya, son of plaintiffs 1 and 2, by the injuries sustained on account of the accident involving the bus KLZ 175 of which the appellant-1st defendant was the owner. The 2nd defendant was the driver of the vehicle. The Kerala State Insurance Corporation is the third party. The plaintiffs who instituted the suit under Order XXXIII of the Code of Civil Procedure, inasmuch as they had not the capacity to pay court-fee, estimated their claim at Rs. One Lakh. The trial court at the first instance decreed the suit on 18-6-1976 for Rs. 96,100/-. However, on appeal, as per the judgment in A. S. No. 156 of 1976 dated 7-4-1977, this Court set aside the judgment of the court below and remanded the matter to that court for fresh disposal. As per the revised judgment, which is the one under appeal, the court below decreed a sum of Rs. 20,000/- with proportionate costs and interest thereon at 6 per cent from the date of plaint. The court also directed as follows:

"Out of this the sum of Rs. 20,000/- with interest payable as compensation will be paid by 3rd defendant namely







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