K S R T C Vs. PEETHAMBARAN

JUDGEMENT

(1.) The question that is raised in this appeal by the Road Transport Corporation is as to whether certain facets of claim for damages have to be considered by the court as distinct and separate from each other or whether by reason of their overlapping nature could be said to be merging with each other. In fact the learned counsel for the Corporation contended that the question gets concluded in this context by the judgment of this court ( 1994 (2) KLJ 269 = 1994 (2) KLT SN 19 P. 14 Bhajan v. N. Raman Pillai & others). However, on going through the decision with the help of the learned counsel, with special reference to Para.13 thereof, it is more than clear that this court endorsed the finding of not giving separate compensation on distinct heads as perfectly correct, observing that there is no further justification to pay any amount by way of compensation for permanent disability. Carefully considering the observations having factual aspect we now proceed to consider the position ourselves.

(2.) The incident takes us to January 10,1989 with regard to the involvement of the bus KLX 5698. The bus came from east to west and knocked down a cyclist (the claimant) causing serious injuries to his head and brain, throwing him to the northern side at the place of the incident. The place is Vaikom Kacherikavala Road. But nothing turns on these facts for the purposes of this appeal.

(3.) The proceeding was initiated before the Motor Accidents Claims Tribunal, Kottayam wherein the petitioner (claimant) claimed compensation of Rs.2 lakhs. He broadly alleged that he is rendered useless for life as the result of the injury to his brain of such a position that there is no scope for improvement. He was running a cycle shop at Vaikom and thereby earning Rs. 150/- per day. He claimed the above amount of compensation on the basis of certain classifications.