METROPOLITAN TRANSPORT CORPORN Vs. N SHANMUGASUNDARAM

JUDGEMENT

(1.) AGGRIEVED by the order of the Motor Accident Claims Tribunal (IV Judge, Court of Small Causes), Chennai dated 20.08.2003 in M.C.O.P.No.747 of 1999, the appellant has filed this appeal before this Court.

(2.) THE facts of the case are as follows:- THE case of the claimant before the Tribunal was that he sustained injuries in the accident occurred on 05.12.198. When he was travelling in an auto,it was hit by the appellant bus driven in a rash and negligent manner resulting in sustaining fracture of left clavicle, fracture of ribs 3 to 6 left side, fracture of neck of scapula, loss of skin of left thigh and multiple abrasions. He was hospitalised Government Royapettah Hospital and then subsequently in private Hospital he took treatment for more than two months. Hence the respondent claimant filed a claim petition for a sum of Rs.2,75,000/- as compensation. THE said petition was contested by the appellant Transport Corporation.

(3.) ON the other hand, the D.G.Balachandran, learned counsel for the respondents/claimant submitted that in the claim petition, it was stated that the claimant was working as a driver and it was not seriously challenged in the cross examination of PW1. Secondly, he found fault with the Tribunal for refixing the disability from of 50% to 25% without assigning any reason. He would submit that the amount awarded under various heads are as per law and infact he sought for enhancement of the compensation.