The main legal point established in the judgment is the legal recognition of loss of consortium as a count for determining compensation in motor accident cases, and the determination of the appropriate amount of compensation for loss of consortium based on guiding precedents and the specific circumstances of the case.

Varghese Kalliath, J.

Kerala State Road Transport Corporation is the appellant. Appeal is against the award in O.P. (MV) No. 540 of 1987. The Motor Accidents Claims Tribunal, after considering the evidence and circumstances revealed in the case, awarded an amount of Rs. 2,80,950/- together with interest at 12% per annum from 9-7-1987 till the date of realisation and proportionate costs. This amount was directed to be paid by the appellant herein, the second respondent in O.P. (MV) No. 540 of 1987.

2. Two questions arise for consideration in this appeal. Appellant submitted that the award is not justifiable for the simple reason that the Tribunal's finding that the driver of the appellant's vehicle was negligent, is incorrect. The second contention is that the Tribunal has grievously erred in fixing the quantum of damages. It is submitted that it is not only arbitrary but also unreasonable. We have to consider the above two questions on the facts and circumstances of the case. These are the facts.

3. Petitioners in the O.P. are the father, mother, widow and children of deceased Joseph John. Joseph John is the son of the first petitioner and the second petitioner. Third petitioner is the widow of Joseph John and the 4th and 5th petitioners are the minor children of Joseph John. Joseph John met with a fatal accident on 28-3-1987.

4. The unfortunate event took place at Kaduthuruthy. Joseph John was riding a scooter and was coming from north to south. P.W.I was seated on the pillion of the scooter. When he reached Kaduthuruthy, an Express Bus of the appellant KLX 4944 proceeding to Madurai from Ernakulam was stopped at Kaduthuruthy Bus Stop. The second respondent in O.P. was driving the Express Bus. The bus was stopped at Kaduthuruthy for passengers to alight and get in. A private bus by name 'Nithish' was stopped on the right side of the road. There was some space in between the two buses. A person was talking with driver of the private bus standing in between the two buses. When the private bus moved, the person who was talking with the driver suddenly moved back and receded to the centre of the road. At that time, the deceased riding the scooter reached that spot. The person as well as the driver of the scooter and the pillion rider fell down. At that time, the Express Bus moved forward and the deceased who was trying to help himself to stand up was hit by the K.S.R.T.C. Bus. The deceased was hit by the rear side of the bus. The rear wheel ran over the deceased. Deceased sustained serious injuries, and succumbed to those injuries.

5. Appellant contended that there was no negligence on the part of the driver of the vehicle KLX 4944. It is contended that the accident occurred when the man who was driving the scooter hit a person who was standing on the western side of the road. According to the appellant, if at all, anybody was negligent, it was the person who was driving the scooter, who hit a person who was talking with the driver of the private bus that was stopped on the western side of the road.

6. As we said earlier, we have to decide the question as to the fact whether the driver of the appellant was negligent or not. There is evidence of P. Ws.1 to 3 to the effect that the K.S.R.T.C. Bus was stopped on the eastern side of the road about 100 ft. north of the place of the accident and a private bus was parked on the western side of the place of the accident. From the evidence, it is clear that the deceased was riding a scooter and was coming from north to south. P.W.I was seated on the pillion of the scooter. His evidence shows that when the scooter came near the private bus, the person who was talking with the driver of the private bus moved backward and hit the scooter and the impact of the hit resulted in the falling of the scooter and both the persons on the scooter. At that point of time, the driver of the K.S.R.T.C. Bus moved the bus and took speed. The rider of the scooter was trying to get up from the road. The