RAMATHAL Vs. K S R T C

JUDGEMENT

(1.) This appeal unfolds the tragedy of a helpless widow who lost her two sons, and also her suit for damages. She had come from Tamil Nadu and eking out her livelihood by doing odd jobs, and residing near Edappally in the house of pw. 5. The tragic incident happened at eight in the night near an important junction in the National Highway wherefrom the road leading to Edappally Railway Station branches off. A bus was already parked on the eastern side of the road for facilitating the passengers to alight and mount the bus. Fast Passenger bus, KLV 3325, belonging to the 1st defendant K.S.R.T.C. and driven by the 2nd defendant, was proceeding from the northern side to Ernakulam. It overtook the stationary bus at the junction. The two boys of the plaintiff were crossing the road on their way home. It was then that they were run over by the bus. One died on the spot and the other on the way to hospital. The request for compensation, fixed in a modest sum of R, 20,000/-, was responded to by the defendants by a cruel indifference. This led to the suit.

(2.) By an extremely unsatisfactory judgment, the suit was disposed of by the court below. It commenced the judgment by sympathising with the plaintiff and concluded it by dismissing the suit. At one place in its judgment, the court below stated:

(3.) The Trial Court has a solemn, though onerous, duty to deal in sufficient detail with the pleadings and the evidence and apply the legal principles to the factual findings. A cursory and cryptic disposal of issues very vital to the parties, may, for that very reason, result in a miscarriage of justice. This has necessarily to be borne in mind by the subordinate courts.