KUNJURAMAN Vs. SARAMMA

JUDGEMENT

(1.) A young man by name Vijayan was knocked down by a bus (KLE-578) during the morning hours of 5-11-1971. Within a few minutes Vijayan succumbed to his injuries. Appellants, the parents and the grandmother of Vijayan, instituted the suit for compensation against the respondents alleging that the accident was the consequence of the negligent driving of the bus by its driver the 10th defendant.

(2.) One Shri P.M. Mathai was the registered owner of the bus at the time of the accident. His widow and children are defendants 1 to 9 against whom the appellants made the claim for compensation. The 11th defendant is the person in whose favour the ownership of the bus is said to have been transferred as early as 9-7-1970.

(3.) The Trial Court rejected the contention of the defendants that the accident was not the result of the negligence on the part of the bus driver. The learned Sub Judge found that the appellants are entitled to be compensated on account of the death of Vijayan. However, the learned Sub Judge accepted the contention of defendants 1 to 9 that the ownership of the bus was transferred to the 11th defendant on 9-7-1970. Hence a decree was passed against defendants 10 and 11 for a sum of Rs. 36100/- with interest at 6 per cent per annum from the date of the suit.