ANURADHA VARMA Vs. STATE OF KERALA
HIGH COURT OF KERALA
STATE OF KERALA
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(1.)Appellants are the wife and children of one Santharam Varma who died during the pendency of the proceedings before the Motor Accidents Claims Tribunal. Deceased Santharam Varma, , while he was travelling from Palghat to Kollengode in his motorcycle, was hit by a jeep coming from the opposite side having registration No. KRT.9695, belonging to the Sales Tax Department of the Kerala Government, at 7 p.m. on 28-3-1979. The accident occurred at a place called Kachipode. He sustained injuries and it was due to the rash and negligent driving by the driver of the jeep. Immediately after the accident he fell down and became unconscious. He was taken to the hospital where he was under treatment for nearly a month. It is alleged that even thereafter he had to continue his treatment for another three months, though actually he was not an in patient in the hospital. Accordingly he claimed a total compensation of Rs. 1,40,000/- from the State, made up of Rs. 1,00,000/- towards loss of earnings, Rs. 10,000/- for medical expenses for treatment, Rs. 25,000/- for pain and suffering and Rs. 5,000/- towards damages to the motorcycle.
(2.)The respondent State filed an objection contending that there was no negligence on the part of the driver of the jeep and as such they are not liable. It was also contended that the claimant having compounded the offence with the driver of the jeep before the criminal court is not entitled to any compensation. It was further contended that the non impleadment of the driver is fatal to the maintainability of the petition.
(3.)During the pendency of the proceedings the original claimant died in 1983 and the appellants who are the wife and children were impleaded as the legal representatives.
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