K THIRUNAVUKARASU Vs. MANAGING DIRECTOR MTC LIMITED

JUDGEMENT

(1.) The Appeal has been filed by the claimant not satisfied with the awards of Rs.37,000/- as against his claim of Rs.2,00,000/-.

(2.) The case of the Appellant is that in the Accident occurred on 24.11.1994, when the respondent-Corporation Bus, which was driven rashly and negligently, over the Paddy Field, resulting injuries to the claimant. THE injuries sustained are as follows:-Multiple Sub Trochantetic Fracture of left Femur with Condylar Plate, Fracture of left Thigh, Injury on the Left hand and other multiple injuries all over the body.-Claiming compensation, the appellant filed Claim Petition which was resisted by the Transport Corporation. On appreciation of pleadings and evidence on record the Tribunal came to the conclusion that the accident occurred because of the rash and negligent driving of the respondent-s bus and awarded a sum of Rs.37,000/- as compensation. THE said award is challenged by the appellant, for enhancement, in this Appeal.

(3.) A perusal of the pleadings and evidence would go to show that the Tribunal came to the conclusion that the accident occurred because of the rash and negligent driving of the bus, based an Ex.P2 and P3, evidence of PW1 and considering the fact that the FIR was lodged against the driver. In any event, there is no Appeal by the Transport Corporation against the finding regarding negligence and hence the award of the Tribunal has reached its finality in this regard.