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MD Transit, Inc., vs. Court of Appeals, et al

MD TRANSIT, INC., petitioner, vs. THE HONORABLE COURT OF APPEALS * and SERGIO MARIANO (for himself and in representation of his minors SERGIO, JR. and MICHAEL all surnamed MARIANO), respondents.

G.R. No. L-49496 | 1979-05-31

D E C I S I O N

TEEHANKEE, J:

The Court modifies the award to respondent of compensatory damages for lost earnings of his deceased wife Carmen G. Mariano (who was recklessly hit, while crossing the street on a pedestrian lane on Ayala Avenue in Makati, by petitioner's bus, thrown six meters away and instantly killed) from P309,920.00 to P200,000.00. The award is based on the two main factors of life expectancy and lost net earning capacity of the deceased as set forth in the controlling case of Villa Rey Transit, Inc. vs. Court of Appeals.

Respondent Court of Appeals, in its decision of August 31, 1978, affirmed in toto the judgment of...