CHATHU Vs. P.R. NARAYANAN NAIR

JUDGEMENT

(1.) Prakasan, aged 18, and employed in a cycle repairing shop, was fatally run over at about noon on 27th September, 1971 at the National Highway near Vilangan Kunnu, Trichur His parents instituted the suit. They alleged rash and negligent driving against the defendant, the owner and driver of the taxi car K. L. E. 7056. The father, 1st plaintiff died during the pendency of the suit; the 2nd plaintiff and the 2nd respondent are his legal representatives. The suit suffered a dismissal before the court below. The decree has been appealed against.

(2.) On some facts, there is no controversy: and they are; The accident occurred near the Vilangan Kunnu in Trichur-Guruvayoor road. The place of occurrence is about 35 metres away from a three road junction where Parappur Mullur Kayal road branches off from the National Highway. The road there has a width of 1509 centi metres, the tarred portion being 634 centi metres. Prakasan was proceeding on a bicycle towards the South, and the car, in the opposite direction. The boy got injured when there was a collision between the two vehicles. The defendant took the injured boy in his car to the hospital. The car developed mechanical trouble on the way and the injured had there fore to be taken to the hospital in a bus. He was dead before he reached the hospital.

(3.) Johny, residing in the neighbourhood of the place where the accident occurred gave the first information report Ext. A3 to the police. P. W. 3, Venugopalan is an attestor to the scene mahazar Ext. A4. The deposition of Johny given on 27-7-1972 in that case is Ext. B1. The criminal case registered against the defendant ended in an acquittal.