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1982 Supreme(Ker) 236

K.BASKARAN, BALAKRISHNA MENON
STATE OF K. ERALA – Appellant
Versus
PADMAVATHI – Respondent


Judgment :-

1.0. K. Bhaskaran, the husband of the first plaintiff and father of the two minors, plaintiffs 2 and 3, was a reputed mechanic, and was the proprietor of the workshop, Kothamangalam Auto Engineers. He was engaged by the 1st defendant, the Kerala State Electricity Board, through one of its Junior Engineers, to carry out the repairs to its road roller KLK. 8702 which was garaged in an unserviceable condition at Sholayar for a number of years. The repairs having been carried out on 15-7-1970, the next day at about I p.m. it was taken out of the garrage to be loaded in a lorry at the store house of the 1st defendant Board. It was one Krishnankutty, a driver in the permanent employment under the 1st defendant, who took out the road roller from the garrage. The road roller overturned on the road near the post office at Sholayar at about 130 p. m. Though Krishnankutty the driver, escaped unhurt, the said Bhaskaran who accompanied him to observe the performance of the vehicle after the repairs, with a view to rectify the mistakes, if any, detected, got under the overturned road roller. He died instantaneously as a result of the injuries sustained by him. Bhaskaran was 42 years





















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