M. M. MOHAMED Vs. O. K. MOHANAN

JUDGEMENT

(1.) IT is rarely,but on some occasions,that this Court has a painful duty to saver the litigant.From the word go when were are told about the facts,we were reminded of our duty towards the litigant as the court concerned with the award of just compensation under S.110B of the Motor Vehicles Act,1939(then applicable ).Subsequent stages also made us aware of our duty,on apt and proper occasions,necessitating even transcending the claim in the petition.

(2.) ON August 4,1984 at 3 p.m.in the afternoon at a place known as South Vazhakulam within the jurisdiction of Perumbavoor Police Station,a young girl aged 5 years was taking Steps along with her mother on the road on the extreme side when a bus KLY 4457 driven by one Varghese(R2)and owned by one Mohanan(R1)virtually crushed the tender child under its tyre to proceed further.It is on record that the mother who was left to witness the ghastly incident of overrunning suffered mental derangement as a consequence.This was the family of a teacher.The claimant petitioner No.1 one Muhammed along with the mother of the child Pathukutty presented the claim petition on November 21,1984 before the M.A.C.T.Ernakulam.

(3.) WE find that the mother,aged 28 at that time,is a graduate in Arts.We also find that the child was stated to be clever,and of good behaviour and conduct.The family had two children,one boy and the deceased daughter who is the victim of this incident.We have already specified that the father was a teacher and we know from the application that he was the husband of a graduate wife,asserting in the petition that the family was capable of looking after the children.