CONCORD OF INDIA INSURANCE CO Vs. C K SUBRAMONIA IYER
HIGH COURT OF KERALA
CONCORD OF INDIA INSURANCE CO.LTD., CALCUTTA
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(1.)These appeals have arisen in an action for damages under the Fatal Accidents Act, XIII of 1855.
(2.)Krishnamoorthi, the eldest son of the plaintiffs 1 and 2, was hit on the evening dusk of February 26, 1956, by a Town Bus owned by the 1st defendant and driven by the 2nd defendant, and was so severely injured that he died in hospital on the early morning of February 28, 1956. He was a smart bright boy, aged 8 years at the time of the accident, studying in Standard III having been at the top of his class all through. His parents are affluent. He had a reasonable prospect of occupying a good position in life. In respect of his death caused by the negligence of the 2nd defendant the plaintiffs claimed Rs. 30,000/- as damages. At the instance of the 1st defendant, the 3rd defendant company, with which the bus had been insured against accidents, was also brought on record. The District Judge fixed the damages at Rs. 5,000/- and held defendants 2 and 3 and the estate of the 1st defendant liable. A. S. No. 1054 is by the 3rd defendant, the insurance company; A. S. No. 1083 by defendants 4 to 8 being the legal representatives of the 1st defendant; and A. S. No. 1094 by the plaintiffs.
(3.)That the fatal accident was caused by the negligent driving of the bus by the 2nd defendant has been found by the District Judge and is borne by the evidence on record. The real problem here is of the assessment of damages, that made by the District Judge being challenged by the plaintiffs as too low and by the defendants as excessive. The 3rd defendant claims complete immunity in this action.
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