Case Summary
The suit involves plaintiffs Dhanya.K and Shaji seeking compensation for the death of their son Adish due to a school bus accident involving an electric post. The plaintiffs allege negligence on the part of the Kerala State Electricity Board for not maintaining the post, which fell on Adish.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed as the plaintiffs were found not to have provided sufficient evidence of negligence on the part of the Kerala State Electricity Board, and the claim was barred by res judicata.
Key Reasoning:
The court found that there was no established negligence on the part of the KSEB and that the claim was barred by earlier proceedings.
The court found that there was no established negligence on the part of the KSEB and that the claim was barred by earlier proceedings.
Why Defendant Won:
The court found that there was no established negligence on the part of the KSEB and that the claim was barred by earlier proceedings.
The court found that there was no established negligence on the part of the KSEB and that the claim was barred by earlier proceedings.
Supporting Evidence
The plaintiffs did not approach this court with clean hands. They failed to disclose the fact that they had approached the Honourable MACT and had obtained an award.
Judgment Evidence:
In the result, the suit is dismissed. There is no order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dhanya.K
- Party Age
- 37
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Shaji
- Party Age
- 48
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Aswin
- Party Age
- 14
- Relation
- Rep by
- Party Role
- Defendant
- Party Name
- Kerala State Electricity Board
- Relation
- Rep.by
- Party Role
- Defendant
- Party Name
- Assistant Executive Engineer, Kerala State Electricity Board
- Party Role
- Defendant
- Party Name
- Assistant Engineer, Kerala State Electricity Board
- Party Role
- Defendant
- Party Name
- Executive Engineer, Kerala State Electricty Board
Plaintiffs Documents
Post mortem certificate of minor child Adish, Birth certificate of minor child Adish, Death certificate Adish, Legal heirship certificate, Certificate issued by Dr. Nimmy Michael, True copy of Lawyer notice.
Defendants Documents
Photocopy of Order in OP(MV) No.1819/18 of Motor Accidents Claims Tribunal, Kozhikode, Site Mahazar, Certified copy of award in OP(MV), No.1819/18 of Motor Accidents Claims Tribunal, Kozhikode.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N. K. Viswanathan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. V. V. Sivadasan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Refused
Description:
Compensation sought for the death of minor child Adish.
Evidence:
In the result, the suit is dismissed.
Documents & Evidence
Document Type:
Post Mortem Certificate
Submitted By:
Plaintiff
Relevance:
Photocopy of the post mortem certificate of minor child Adish dated 26.01.2018.
Reference:
Ext.A1
Document Type:
Birth Certificate
Submitted By:
Plaintiff
Relevance:
Copy of Birth certificate of minor child Adish.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Copy of Death certificate of Adish.
Reference:
Ext.A3
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Copy of Legal heirship certificate.
Reference:
Ext.A4
Document Type:
Medical Certificate
Submitted By:
Plaintiff
Relevance:
Certificate issued by Dr. Nimmy Michael of Aster MIMS, Calicut.
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
True copy of Lawyer notice.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts related to the lawyer notice.
Reference:
Ext.A6(a) to Ext.A6(d)
Document Type:
Order from Motor Accidents Claims Tribunal
Submitted By:
Defendant
Relevance:
Photocopy of Order in OP(MV) No.1819/18 of Motor Accidents Claims Tribunal, Kozhikode.
Reference:
Ext.B1
Document Type:
Site Mahazar
Submitted By:
Defendant
Relevance:
Site Mahazar (Photocopy) related to the incident.
Reference:
Ext.B2
Document Type:
Award from Motor Accidents Claims Tribunal
Submitted By:
Defendant
Relevance:
Certified copy of award in OP(MV) No.1819/18 of Motor Accidents Claims Tribunal, Kozhikode.
Reference:
Ext.B3
Case Classification
Case Type
Civil Suit
Category
Compensation and Damages
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Negligence
Case Code
Case between Dhanya.K, Shaji, Aswin vs Kerala State Electricity Board et al regarding compensation for negligence leading to death.
Case Code Year
Case between Dhanya.K, Shaji, Aswin vs Kerala State Electricity Board et al regarding compensation for negligence leading to death.