KERALA STATE ROAD TRANSPORT Vs. C. SOMAN NADAR

JUDGEMENT

(1.) THE first defendant, the Kerala State Road Transport Corporation, is the appellant. The plaintiff, a car driver was involved in a motor accident, he was seriously injured, his leg had to be amputated and he was permanently handicapped and became practically a cripple in life. He filed a suit for compensation claiming two lakhs rupees alleging negligence of the 3rd defendant, driver, employed by the Corporation. He estimated the loss at the average rate of Rs. 400/- per mensem for prespective damages and claimed Rs. 1,72,800 on that account and Rs. 28,200/- for his personal sufferings including pain, loss of enjoyment and expectation of life. He also stated that he was entitled to be reimbursed for medical expenses. The court below granted him a decree for Rs. 80,070/- and the Corporation, aggrieved, has filed this appeal. The plaintiff has also filed a cross appeal.

(2.) THE accident occurred on 8-2-1973 at 9 A.M. The plaintiff, a taxi driver was driving his car No. KLT 3630 going from west to east along the Venganoor Thiruvallam road. A bus KLT 1187 driven by the third respondent, the driver of the Corporation came from the opposite direction. The plaintiff's allegation was that he was keeping the correct side of the road while the third defendant, driving the bus rashly and on the wrong side of the road, hit his car and also grievously injured him. Evidence was taken by the lower court. The main witness to prove the incident on behalf of the plaintiff is the plaintiff himself, PW 1 and PW 7, a shopkeeper who witnessed the incident. On behalf of the defendants the third defendant was examined as DW 1.

(3.) THE next question is regarding the quantum of compensation. The lower court has, granted. Rs. 21,8,70/- towards loss of earnings till the date of trial of the the suit on 5-3-1979. He has accepted the case of the plaintiff that he was earning an income of Rs. 300/- per month as a driver. The accident took place on 8-2-1973. The plaintiff was examined on 5-3-1979. 6 years and 27 days elapsed on that date and therefore the plaintiff was awarded Rs. 21,870/- towards loss of earnings calculated on that basis. Rightly, the learned Counsel for the appellant did not raise any dispute regarding quantum of compensation awarded when it is based on the income of the plaintiff at Rs. 300/- per month. His only complaint was that the estimate of the monthly income was a little high. It cannot be said that the plaintiff has claimed an exaggerated amount when he stated that he was earning per month Rs. 300/- as driver.