KSRTC Vs. MADHAVI AMMA

JUDGEMENT

(1.) THE husband of the first respondent in the appeal and the father of the second respondent who is a minor,deceased Parameswara Menon went on Sabarimala pilgrimage in January 1967.In his return journey he had got into bus T.315 belonging to the Kerala State Road Transport Corporation(hereinafter referred to as the Corporation)the appellant in this appeal,at Chalakkayam.On the way at about 3.45 hours at night on the Chalakkayam -Ranni route,when the bus was passing another bus standing on,the left side of the road,whether on account of part of his body brushing against that bus or because of his falling down in the bus due to collision between the buses,Parameswara Menon got himself injured.The bus was stopped and Parameswara Menon was taken to the hospital at Kottayam.On the way he succumbed to his injuries.A case is seen to have been registered at Kottayam West Police Station but it was referred subsequently after investigation.

(2.) PARAMESWARA Menon's wife and son who is a minor then instituted a suit in the Subordinate Judge's Court of Irinjalakuda(proceedings instituted informa pauperis)claiming damages to the tune of Rs.25,000 against the Kerala State Road Transport Corporation,the driver of the vehicle concerned and also its conductor.The plaintiffs attributed negligence to the driver and conductor,consequently holding the Corporation liable.It was alleged that the bus was being driven at excessive speed and without taking due care and attention.The plaintiffs contended that the deceased at the time was only at out 33 years and he could reasonably be expected to have lived for another 20 years.If the deceased had thus a normal life span,the plaintiffs would have been benefited by getting Rs.1,200 per year and on that ground they have suffered damages to the extent of Rs.24,000.A further claim for damages to the tune of Rs,1,000 was made on account of the mental pain suffered by them because of the accident.The deceased was employed in Pharm Chem Distributors,Kandiveli,Bombay.It is alleged in the plaint that the monthly salary he was getting was Rs.200 per month besides allowances.He was entitled to an annual increment of Rs.25.It is also alleged that the plaintiffs were being given Rs.100 per month by the deceased for their maintenance.The calculation of the damages of Rs.24,000 was on this basis.

(3.) THE learned Sub Judge after a detailed review of the evidence in the case held that the death of Parameswara Menon occurred due to the rash and negligent driving of the bus by the driver and that there was no contributory negligence of the deceased in the matter.He fixed the compensation due to the plaintiffs at Rs.17,280 on the basis that plaintiffs would have g got Rs.80 from the deceased every month with a multiple of 18 years taking into account factors like the deceased dying earlier,his chance of losing his employment which was a private one and also the facts the plaintiffs are getting a lump sum payment in the place of the monthly payments they would have got from the deceased.The court held out against the claim for damages for mental pain.