J. MARY Vs. MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM

JUDGEMENT

(1.) The appellant was the petitioner in OP (MV) 260/2004 on the file of the Motor Accidents Claims Tribunal, Kalpetta, Wayanad. The respondent in the appeal was the second respondent in the claim petition. The parties are, for the sake of convenience, referred to as per their status in the claim petition.

(2.) The facts in brief in the claim petition, relevant for the determination of the appeal, are: on 1.2.2004, while the petitioner was travelling in a bus bearing registration No. TP 452 owned by the second respondent- Corporation, when the bus reached Madakkimala, Wayanad, it hit on an electric post and overturned. The petitioner sustained injuries and was treated at Leo Hospital, Kalpetta and, thereafter, at the Medical College Hospital, Calicut. She was treated as inpatient from 2.2.2004 to 9.2.2004. She sustained a mild diffused cerebral edema and depressed fracture left parietal region. She was indisposed for a period of one year. The petitioner was a coolie worker in a Tea Estate and earning a monthly income of Rs. 4,000/-. The accident occurred solely on account of the negligence of the first respondent, who drove the bus in a rash and negligent manner. The petitioner claimed compensation from the respondents, which she quantified at Rs. 4,47,000/-, but limited to Rs. 1,50,000/-.

(3.) The respondents filed written-statements, inter alia, contending that while the first respondent attempted to save the life of a pedestrian, who recklessly crossed the road, the vehicle moved to the extreme side of the road and hit against an electric post. Therefore, there was no negligence on the part of the first respondent. The amount of compensation claimed under different heads was excessive.