JACOB BAPEN Vs. K S R T C

JUDGEMENT

(1.) THE claimant appeals for enhancement of compensation, while the respondent - Kerala State Road Transport Corporation cross appeals for rejection of the claim, if not, for reduction of compensation.

(2.) THE appellant was travelling by a bus, belonging to the Kerala State Road Transport Corporation (shortly called the KSRTC hereinafter), K. L. X 3733 from Trivandrum to Palghat. During the small hours of 8-5-1980, the bus was involved in an accident. It rammed into a fully laden lorry (M. Y. G. 7855), pushing it 40 meters forward, before it capsized. Even the chasis was warped. THE impact was so tremendous, that several passengers were seriously injured. THE Tribunal found on good evidence that, the accident was solely due to the negligence of the driver of the bus. This finding cannot be disputed; and has not been seriously disputed.

(3.) WE shall proceed to consider, the rival contentions relating to loss of future earnings. Counsel for appellant would say that Rs. 500/-per mensem was a modest estimate, and that the appellant had vast career advancement opportunities and prospect of greater recognition in his sphere of life, implying higher potential earning. He was 44 years old at the time of the accident, and mellower years lay ahead, according to counsel. Respondent, on the other hand, would say that future earnings, having regard to the nature of the work he did. were not diminished. That future contingencies could depress his earning capacity, was also suggested.