Kerala Court November 1986 Judgments

Kunhimohammed Vs. Ahmedkutty

Court: Kerala

Reported in: II(1987)ACC339

Kochu Thommen, J.1. Saheeda was a constable of the Armed Reserve Police. She was one of the passengers in the bus KLD 9327 which met with an accident on 24-7-1978 resulting in Saheeda's death. Three of her children were travelling with her in that bus. One of them was an infant of 70 days. She was carrying it in her arms. All the three children escaped unhurt. So did her husband, PW 2, who was the checking Inspector of the bus and who happened to be in the bus at the time of the accident. The Tribunal found that the accident occurred on account of the rash and negligent driving of the first respondent, in respect of which the appellant (second respondent) as the owner of the bus and employer of the driver was held vicariously liable. The respondent-insurer was also held liable in terms of the policy. The Tribunal determined the compensation payable by the owner in the sum of Rs. 56,800/-. The Tribunal further held that the liability of the insurer to indemnify the owner was limited to ...