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1971 Supreme(Ker) 49

V.R.KRISHNA IYER
KESAVAN NAIR – Appellant
Versus
STATE INSURANCE OFFICER – Respondent


Judgment :-

1. The second appeal is the consequence of a tragic bus accident in the High ranges of Kerala which resulted in the loss of 7 lives and injuries to many others. we are immediately concerned with the death of a father and son, Kuruvilla Joseph and Joseph Varkey, whose representatives have brought the present action for compensation under the Fatal Accidents Act. Both the lower courts have held that the driver was negligent and that the fatal consequence was directly caused by such negligent driving. A decree for Rs. 2700/-referrable to the death of the father and for Rs. 2000 of the son was granted to the plaintiffs. The sums were obviously small. But the poor plaintiffs did not carry the matter in appeal. It is unfortunate that the trial court has awarded only such a small amount by way of damages. But I am not concerned to go into this aspect of the matter as the plaintiffs have acquiesced in the decree. The first defendant also did not bother to file an appeal, for the additional reason that he had to pay only Rs. 700 out of his pocket since the second defendant, the State Insurance Department, was directed to pay Rs. 2000 for each life lost. However, the second defen





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