KERALA STATE ROAD TRANSPORT CORPORATION Vs. M. THOMAS

JUDGEMENT

(1.) THESE two appeals filed under Section 110 -D of the Motor Vehicles Act, 1939 and R.22 of the Kerala Motor Accidents Claims Tribunals Rules, 1977 arise out of a claim petition? M.A.C.C. No. 2 of 1977?filed before the Motor Accidents Claims Tribunal, Trivandrum (hereinafter referred to as the Tribunal) for recovery of compensation for injuries sustained by the claimant as the result of an accident met with bus No. A. 576 hiving registration No. KRT 2863 belonging to the Kerala State Road Transport Corporation (hereinafter referred to as the Corporation) while the claimant was travelling in the said bus on 11 -1 -1977. In the petition the claimant prayed for an award of special damages amounting to Rs. 8,836/ - and general damages to the extent of Rs. 3,17,836/ -. The lower court upheld the case of the claimant that the accident was caused as a result of rash and negligent driving by its driver (2nd Respondent in the claim petition) and that the injuries suffered by the claimant which necessitated the amputation of his right leg below the knee were the direct consequence of the accident It was further found that as a result of those injuries the claimant has suffered a permanent total disability rendering him incapable of pursuing his calling as an advocate or engaging himself in any other social or political work as he had been doing prior to the accident. The lower court accordingly awarded to the claimant Rs. 8,540/ - as special damages and Rs. 1,78,800/ - by way of general damages. A total compensation of Rs. 1,87,340/ - was thus awarded to the claimant by the Tribunal. M.F.A. No. 63 of 1978 has been preferred by the Corporation challenging the finding of the Tribunal that the accident was caused as a result of the negligence of the driver of the Corporation's bus and contending that in any event the damages awarded are highly excessive. M.F.A. No. 291 of 1978 has been filed by the claimant complaining that the quantum of damages fixed by the Tribunal is unduly low and praying that a further sum of Rs. 1,30,495/ - should also be awarded to him by way of compensation. The opposing parties will hereinafter be referred to as the claimant and the corporation respectively.

(2.) THE facts of the case present a very distressing picture. The claimant Sri M. Thomas was practising as an advocate -in the courts at Kottayam. He was also a member of the Kerala Legislative Assembly. At a very tender age he had suffered an attack of poliomyelitis as a result whereof his right hand had become completely paralysed. Undaunted by this handicap little Thomas bravely pursued his studies and finally graduated in law and entered the legal profession. He was also active in politics and was elected to the Legislative Assembly from the Kottayam constituency. He enjoyed a fairly lucrative practice on the criminal side in the courts at Kottayam. On 11th January, 1977 the claimant was travelling from Kottayam to Trivandrum in bus No. A -576?KRT. 2863 ?belonging to the corporation to attend a meeting of the committee on subordinate legislation. At about 12.30 noon while the bus was proceeding from north to south along the Main Central Road between Karettu and Pulimathu near the 34th milestone from Trivandrum it collided with another bus KLV 2107 coming in the opposite direction from south to north. That was also a bus belonging to the corporation. As a result of the collision between the two buses the claimant who was seated immediately behind the driver in the bus KRT 2863 suffered from severe injuries. His right leg was caught in between the two buses and it could be extricated only after a delay of more than one hour. In the meantime, there had been profuse bleeding from the open wound and because he was throughout conscious he was undergoing excruciating pain and agony. After the leg was extricated by cutting the steel frame of the seats the claimant was rushed to the Medical College Hospital, Trivandrum and since it was found by the doctors that the only way to save the life of the patient was to amputate the leg and thereby avoid gangrene the claimant's leg was immediately amputated below the knee. Above the amputated portion of the leg there was a serious fracture which also took a very long J - me to heal. Since the claimant was already a handicapped person whose right arm had been paralysed by polio the loss of the lower limb on the same side was a most serious calamity so far as he was concerned. The result of the amputation was to leave the claimant completely disabled and he had to depend wholly on external help even for moving about inside a room. Profession, politics and social life of any kind were thus rendered beyond his reach forever. According to the claimant, even with the aid of the artificial limb and with the assistance of some one to help him to keep the balance he is not able to climb any steps or walk for some distance at a stretch and he is unable to get into a train or bus. It is further stated that he has been completely deprived of all the amenities and comforts of life which he was previously enjoying.

(3.) ON the further question relating to the quantum of damages the contentions raised in both the appeals can be considered together. Under the head 'special damages' the Tribunal has allowed to the claimant the expenses relating to his journey from the spot of the accident to the hospital immediately after the occurrence, the expenses incurred for, the claimant's wife's journey from Kottayam to the Medical College Hospital, Trivandrum and also the charges incurred by the claimant for his journeys from Kottayam to Trivandrum and back for a check -up in July. 1977 and for fitting and testing the artificial limb. P.W. 1 is Dr. T.C. Joseph who performed the surgical operation on the claimant and under whose treatment and care the claimant continued until the artificial limb was fitted to his leg stump. From the testimony given by P.W. 1. and the claimant's own deposition as P.W. 3 it is amply proved that the aforesaid journeys had necessarily to be undertaken by the claimant in connection with his treatment in the hospital and its follow -up culminating in the fitting of an artificial limb. The Tribunal was, therefore, perfectly right in awarding to the claimant the sum of Rs. 1,355/ - in repaying the expenses incurred by him for those journeys. The other count on which special damages has been awarded to the claimant is the expenditure incurred by way of rent for the room in the special ward in the Medical College Hospital, Trivandrum and the cost of the treatment itself involving the purchase of various medicines etc. That the expenses were actually incurred have been proved by the testimony of P.Ws. 1 and 3 and the bills Exhibits A -7 to A -7 (k). In the light of the said evidence we have no hesitation to confirm the finding of the Tribunal that the claimant is entitled to recover from the corporation Rs. 1,155/ -towards expenses incurred in the hospital by way of rent etc. during the period from 11 -1 -1977 to 23.4.1977 on which date alone the claimant was discharged as well as a further sum of Rs. 626/ - towards the cost of medicine and treatment including the cost of the artificial limb.