IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 MFA.No. 1324 of 2002(B) ----------------------- MVOP.1555/1999 of MACT ALAPPUZHA .................... APPELLANT: 2ND RESPONDENT ------------------------- THE MANAGING DIRECTOR, K.S.R.T.C. CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. BY ADV. SRI.K.PRABHAKARAN,SC. KSRTC RESPONDENTS: PETITIONERS & 1ST RESPONDENT ----------------------------------------- 1. REMA, W/O. LATE VIJAYAN, MATTATHIL PARAMBU, M.O.WARD THIRUVAMPADY, ALAPPUZHA. 2. SARADHA, W/O.NARAYANAN, DO- DO- 3. RAJAN, S/O.SREEDHARAN, ELATHAYIL VEEDU, KUMARAPURAM PANCHAYATH WARD NO.V, KARTHIKAPPALLY TALUK, DRIVER, KSRTC, HARIPPAD. BY ADV. SRI.CHERIYAN KURUVILLA SRI.V.SATHEESH THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 24.1.2008 , THE COURT ON 24/01/2008 DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.1324 OF 2002 ----------------------------------------- Dated this the 24th day of January, 2008 JUDGMENT Koshy, J. Petitioners are the legal representatives of one Vijayan, who died in a motor accident occurred on 10.9.1999 at Kollam-Alappuzha National Highway, while travelling in a stage carriage bus owned by the appellant. His wife and mother applied for compensation. The Tribunal found that the accident occurred due to the negligence of the driver of the vehicle and a total compensation of Rs.3,34,500/- was awarded by the Tribunal. His wife was 38 years old and mother was 50 years old. The deceased was only 39 years old at the time of accident. He was a headload worker. According to the petitioners, the deceased was getting Rs.150/- per day. The Tribunal taken Rs.2,500/- as the monthly income. 15 was taken as the multiplier. One-third was taken for the personal expenses from the monthly income for calculation of compensation. Rs.3,00,000/- was calculated for loss of dependency. Contention of the K.S.R.T.C is that the accident occurred because the deceased was travelling by standing in the foot board of the bus. The Tribunal considered the M.F.A.1324/02 2 same and found that the bus was overcrowded. If the driver and conductor allowed the passengers to travel inside the bus, the accident would not have happened. That itself is a negligence on the part of the employees of the appellant Corporation, if they allowed the passengers to stand on the foot board while travelling. There is no evidence to show that he was traveling by standing on the foot board. He was a standing passenger near a side of the door. The deceased was actually thrown out of the bus because of the negligent and speedy driving of the overloaded bus by the driver. It has come out in evidence that the driver of the bus carelessly and negligently applied sudden break, as a result of which, the deceased thrown out of the bus and fell down on the road and sustained serious injuries. He was taken to the Medical College Hospital, Alappuzha and he succumbed to the injuries on 14.9.2000. The bus was full of standing passengers. Exhibit A5 charge sheet shows that the accident occurred while the driver of the bus applied sudden break. It cannot be said that the accident occurred due to the negligence of the deceased. We see no ground to interfere with the impugned award. The appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. M.F.A.1324/02 3 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No.1324 OF 2002 ------------------------------ JUDGMENT 24.1.2008