BEERAVU Vs. K.K. DAMODARAN

JUDGEMENT

(1.) THE claimant is the appellant. On 18.4.1986 while he was travelling in a bus belonging to the 1st respondent and driven by the 2nd respondent, the bus hit against an electric post which resulted in seven injuries to the petitioner. According to the claimant, the accident happened due to the rash and negligent driving of the 2nd respondent, viz., the driver. He claimed a compensation of Rs. 2,50,000/- and limited to Rs. 1,00,000/-. The 3rd respondent is the insurer of the vehicle.

(2.) THE Tribunal after considering the evidence fixed the total compensation of Rs. 67,980/-. However, holding that the claimant was also negligent, his negligence was estimated at 50 per cent and awarded only one-half of the amount, namely, Rs. 33,990/-. This appeal is filed by the claimant.

(3.) ON the basis of the evidence the Tribunal fixed the monthly income of the petitioner as Rs. 1,500/- and an amount of Rs. 3,000/- being the loss of earning for two months was awarded. For transportation charges an amount of Rs. 1,200/- was awarded. Towards treatment charges an amount of Rs. 6,500/- was awarded. Towards compensation for the expenses of the persons who were attending on him, an amount of Rs. 1,200/- was awarded. For the pain and suffering the petitioner was awarded Rs. 15,000/-. Towards compensation for loss of earning capacity an amount of Rs. 25,000 was awarded. Thus altogether the compensation was fixed at Rs. 67,980/-. In the nature of injuries suffered by the claimant and the evidence adduced we are of the view that the amount fixed is quite fair and reasonable.