P.V. AMMINI AMMA Vs. BHARATHAN

JUDGEMENT

(1.) HARICHANDRAN , son of the appellant, sustained fatal injuries in a bus accident on 1.4.1980. The ill-fated bus was driven by the 1st respondent and owned by the 2nd respondent. 4th respondent is alleged to be registered owner of the bus who was impleaded in the proceedings later while the matter was pending before the Tribunal. 3rd respondent is the insurer. In the appeal, the appellant has claimed enhancement of the compensation awarded by the Tribunal. She has also claimed enhancement of the rate of interest from 6 per cent to 12 per cent per annum.

(2.) THE facts which are not in dispute and relevant can be summarised thus: Deceased Harichandran was a passenger in the bus involved in the accident. The bus while being driven by the first respondent fell into a paddy field and the deceased as well various other passengers sustained injuries as a result of the accident. Deceased suffered serious brain injuries. He was immediately taken to the Government Hospital, Kannur and from there to Medical College Hospital, Kozhikode. A brain surgery was conducted at the Medical College Hospital. He was an inpatient in the Medical College Hospital for 98 days and was discharged on 9.7.1980. Even after the surgery and treatment for 98 days, the doctors found themselves helpless to improve the condition of the deceased and the relatives were advised to take him for continued nursing. He was in a state of coma throughout the period of treatment and continued to be so even on the date of discharge. Exh. A-1 certificate established the fact that the deceased was an inpatient in the Medical College Hospital, Kozhikode for 98 days and had undergone a brain surgery. After the discharge from the Medical College Hospital he was taken to a private nursing home in Cherukunnu. His condition continued to be critical until he succumbed to his injuries on 14.7.1980. Exh. A-2 is the certificate of death. Exh. X-2 is the case-sheet proved by PW 4, the doctor attached to the private nursing home.

(3.) THE Tribunal found that the 1st respondent driver was negligent and that was the reason for the accident in which the deceased sustained serious brain injuries. On the basis of the above finding, the Tribunal held that the owner and driver of the vehicle as well as the insurance company are jointly and severally liable for the compensation payable to the appellant.