VELAYUDHANACHARI Vs. KERALA STATE ROAD CORPORATION

JUDGEMENT

(1.) THIS appeal is from the judgment and decree of the Subordinate Judge, Kottayam, in O S No. 46 of 1971. The appellants are the plaintiffs in a suit for damages arising on account of the death of their two children and their personal injuries and loss which were alleged to have been caused by the wrongful act of the defendants. The suit was decreed, but not in terms of the plaint as the court below awarded only part of the damages claimed. Hence the present appeal.

(2.) THE 1st plaintiff is the husband of the 2nd plaintiff. On the night of 24 1 1969 the couple were walking back home along the Athirampuzba-Ettumanoor road with their daughter Vijayam (aged 12) and son Vikraman (aged H) after seeing the fireworks at the Aihirampuzha church. As they reached Uppupurakkal junction, bus No. KLT. 8764 belonging to the 1st defendant and driven by the 2nd defendant suddenly hit them. Both the children died instantaneously and the parents were seriously injured. THE learned trial Judge held that the accident was caused by the negligence of the 2nd defendant, and that the 1st defendant was vicariously liable in damages.

(3.) THE bus which was driven negligently by the 2nd defendant ran over the chest of Vijayam and the head of Vikraman. THE children were instantaneously crushed to death. THE bus hit the father (1st plaintiff) on the left side of his waist and he fell down unconscious. His stomach was operated upon in the Medical College Hospital, Kottayam, where he was hospitalised for several weeks. THE bus hit the mother (2nd plaintiff) on her head and knocked her down, and then ran over her right arm. She lost half of her right thumb and she had to be operated upon twice in the Medical College Hospital, Kottayam, where she was hospitalised for a number of weeks. Flesh was cut off twice from her thigh and grafted on her injured arm. She has not yet completely recovered from the injury as she cannot even now bend tier right arm or do any work with it. Both the children were extremely smart and healthy. THE boy was studying in the III Standard and the girl in the IV Standard, and they were good in their studies. Both the parents were perfectly healthy and strong at the time of the accident. THE grandparents of the children had been blessed with long and happy life. THE paternal grandfather died at the age of 75 and the paternal grandmother died at the age of 81. THE maternal grandfather lived upto 89 years, and the maternal grandmother lived upto 79 years. THE father is a goldsmith earning not less than Rs. 10/-a day and the mother earned some income by making sweet-meats at home which she used to sell with the help of the daughter. In the normal course both the children would have lived long and healthy lives and brought happiness and prosperity to their home. In the normal circumstances, the parents could have looked up to the children in the future for financial support.