P S JOSE Vs. ATE OF KERALA

JUDGEMENT

(1.) A tragic fusion of two events snuffed the life of a young boy aged 15 in a trice on 3. 9. 1983. Drivers of two vehicles - a car and a lorry- were responsible for the tragedy and both were prosecuted in the same trial for rash or negligent driving. The driver of the car was acquitted. Aggrieved by the acquittal of the car driver and also the order by which lenient sentence was awarded to the lorry driver, deceased?s father filed this revision. In the meanwhile, the lorry driver filed an appeal before the sessions Court challenging the conviction and sentence passed on him.

(2.) WHEN the revision came up for arguments it was felt that the appeal pending in the Sessions Court and this revision should be heard together and hence the appeal has been withdrawn to this Court. Arguments of counsel for all parties including the Additional Public Prosecutor were heard. Parties can be referred to as they are ranked in the revision.

(3.) THEN the question is as to whether third respondent is liable for the death caused to the boy. Learned counsel for the revision petitioner contended that but for the opening of the car door, the boy would not have died and hence the man who opened the door is liable for all its consequences. It is true that if the first act of opening the car door had not taken place, the accident itself would not have happened. But that alone is not the criterion to decide whether the man is guilty of negligence in causing the death of the deceased. It is admitted by all concerned that death would not have ensued if the lorry had not reached the spot at that very moment. So death can be attributed to the supervening event of emergence of a different vehicle at the scene.