LAWS(KER)-1989-10-40

CHACKO Vs. SREEDHARAN

Decided On October 26, 1989
CHACKO Appellant
V/S
SREEDHARAN Respondents

JUDGEMENT

(1.) Not satisfied with the amount of compensation awarded by the Tribunal, the claimant has come up in appeal.

(2.) On 17-4-1980 the autorikshaw in which the appellant was travelling collided with a K. S. R. T. C. bus bearing Registration No.KRT 9905, going along the M.G. Road at Trivandrum from North to South, from behind when the bus suddenly stopped. In that accident the appellant suffered injuries.

(3.) The claim petition of the appellant which is a sequel to the accident, contains claims falling under two different heads. They are: (1) pain and suffering, permanent disability and loss of earning capacity; compensation claimed, Rs.50,000/-(2) special damages; compensation claimed, Rs.10,000/-. Thus a total compensation of Rs.60,000/- was claimed. The Tribunal was of the view that the drivers of both the bus as also the autorikshaw were negligent and consequently awarded a sum of Rs.9800/- as special damages and a sum of Rs.20,000/- towards the compensation falling under the first count. The appeal is against the disallowed part of the compensation claimed under the first head.