T. O. Anthony vs Karvarnan And Others

2. The appellant was a driver working with the Kerala State Road Transport Corporation. On the date of the accident, he was driving the KSRTC bus (KL 15/1074) from Palakkad to Trichur. When his bus was near Kannanoor a private bus (KL 9A-3456) driven by the first respondent (belonging to second respondent, and insured with third respondent) came from the opposite side and there was a head-on collusion. As a result the appellant sustained injuries including fracture of right femur. He filed a petition before the Motor Accident Claims Tribunal, Palakkad claiming Rs.2,50,000/- as compensation. By judgment and award dated 13.5.1998 the Motor Accident Claims Tribunal allowed the claim petition in part. The Tribunal held that the accident occurred due to the composite negligence of drivers of both vehicles and it could not be said that the accident occurred solely due to the negligence of the first respondent. The Tribunal further held that as the accident occurred due to contributory and composite negligence of the drivers of both the vehicles, the liability should be fifty- fifty (that is 50% each). The tribunal determined the compensation as Rs.78,500/-. In view of its decision that the appellant was responsible for the accident, to an extent of 50%, it deducted 50% therefrom for appellant's negligence, and awarded Rs.39,250/- to the appellant with interest at the rate of 12% per annum from date of petition till date of realization, and directed the third respondent (Insurer) to pay the said amount.

3. Aggrieved by the said award, the appellant filed an appeal before the High Court. The High Court by judgment dated 3.3.2005 allowed the appeal in part. The High Court did not disturb the finding regarding negligence. It however increased the compensation and directed payment of an additional compensation of Rs.39,900/- to the appellant with interest at 9% P.A. from date of petition till date of payment. Not being satisfied with the judgment of the High Court, the appellant has filed this appeal by way of Special Leave.

9. In regard to the quantum we find that the Tribunal awarded Rs.15,000 for medical expenses, Rs.1,000 for attendant's expenses, Rs.5,000 towards loss of earnings, Rs.1,000 towards transportation, Rs.1,000 towards nourishing food, Rs.500 towards damage to clothing, in all Rs.23,500 as special damages. It quantified the compensation for pain and suffering as Rs.5,000/- and for partial permanent disability and consequential loss of future earning capacity as Rs.50,000/-, in all Rs.55,000/- as general damages. Thus, the Tribunal arrived at the total compensation as Rs.78,500 and after deducting 50% towards the negligence of the appellant, it awarded Rs.39,250/- to the appellant. The High Court found that the special damages aggregating to Rs.23,500 did not require interference. But it increased the compensation under the head of pain and sufferings to Rs.10,000 (instead of Rs.5,000) and the compensation under the head of disability and future loss of earning to Rs.1,24,800 (instead of Rs.50,000). Thus the High Court increased the quantum of compensation from Rs.78,500 to Rs.1,58,300. As the increase was Rs.79,800/-, it awarded 50% of the increased amount that is Rs.39,900/- to the appellant. We find that the quantum of compensation arrived at by the High Court, on the facts and circumstances, is reasonable and does not call for any increase.

12. We accordingly allow this appeal in part and hold that the appellant is entitled to an additional sum of Rs.39,575 with interest @ 9% P.A. from the date of petition till date of realisation. It is made clear that the said sum is in addition to what has been awarded by the Tribunal and the High Court. Respondents 1 to 3 are jointly and severally liable to pay the said amount to the appellant, and the third respondent-insurer is directed to pay the same. Appellant will also be entitled to costs of Rs.2,000/-.