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1987 Supreme(Ker) 15

T.KOCHU THOMMEN, SANKARAN NAIR
Jacob bapen – Appellant
Versus
K. S. R. T. C. – Respondent


Judgment :-

1. The claimant appeals for enhancement of compensation, while the respondent - Kerala State Road Transport Corporation cross appeals for rejection of the claim, if not, for reduction of compensation.

2. The appellant was travelling by a bus, belonging to the Kerala State Road Transport Corporation (shortly called the KSRTC hereinafter), K.L.X 3733 from Trivandrum to Palghat. During the small hours of 8-5-1980, the bus was involved in an accident. It rammed into a fully laden lorry (M.Y.G. 7855), pushing it 40 meters forward, before it capsized. Even the chasis was warped. The impact was so tremendous, that several passengers were seriously injured. The Tribunal found on good evidence that, the accident was solely due to the negligence of the driver of the bus. This finding cannot be disputed; and has not been seriously disputed.

3. The claimant suffered injuries and underwent prolonged treatment at different hospitals, including the Medical College Hospital, Calicut and Medical College Hospital, Trivandrum. He was subjected to ten surgical operations. He also visited Moscow twice, for treatment. From 8-5-1980 to 8-11983, for almost three years, be was in and out of hospi































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