MANAGING DIRECTOR Vs. M.SANTHANAM

JUDGEMENT

(1.) BEING aggrieved by the quantum of compensation awarded by the Motor Accident Claims Tribunal, Chennai in M.C.O.P.No.5257 of 2000, for the personal injuries sustained by the Claimant/Respondent, the Transport Corporation has come forward with the present Appeal.

(2.) THE brief facts leading to the filing of the Claim Petition are that on the fateful day i.e., on 13.4.2000 at about 1.00 hours, when the Claimant/Respondent namely Santhanam was travelling as a passenger in the bus bearing Registration No.TN -32 -N -0602 belonging to the Appellant Corporation from Cuddalore to Chennai along the G.S.T. Road, the driver of the Bus, driven it in a rash and negligent manner, dashed against the oncoming lorry and cause the accident, resultantly, the Claimant/Respondent, who was sitting near the window side, sustained crash injury on his right hand. The Claimant was initially given treatment at Chengalpet Government Hospital and thereafter, he was shifted to Government Stanley Hospital. It is also seen from the records that the Claimant was also taking treatment at St. Isabella Hospital, Chennai.

(3.) THE Doctor, who issued Ex.C11, Disability Certificate was examined as CW2. It is seen from the evidence of CW2 and Ex.C11 that his right upper arm and he was physically incapacitated. PW2 has assessed the disability of the Claimant at 70%.