MANAGING DIRECTOR Vs. RAJALAKSHMI

JUDGEMENT

(1.) The Civil Miscellaneous Appeal on hand is preferred against the judgment and decree dated 18.08.2014 passed by the learned Special Sub Judge, Special Sub Court-cum-Motor Accidents Claims Tribunal, Tirupattur in M.C.O.P. No.1450 of 2013.

(2.) The appellant-Tamil Nadu State Transport Corporation filed an appeal mainly on the ground that the Trial Court had not considered the evidence of PW-1, which has not been corroborated with any other independent witnesses. Mere registration of FIR against the driver of the appellant-Transport Corporation is insufficient to fix the negligence on the driver of the bus. There was no valid document filed by the respondent- claimant either to prove her age or to establish her income. Thus, the award of a sum of Rs.5,75,663/- is exorbitant.

(3.) The facts in nutshell to be considered are that the petitioner was doing her business and was earning Rs.10,000/- per month. On 28.01.2011, at about 01.30 P.M., at Vellore old Bus Stand near Thiruvalluvar Statue, the bus bearing Registration No.TN-32-N-2756 was driven by the driver of the Transport Corporation in a rash and negligent manner and hit against the claimant/respondent, who was walking on the extreme left side of the road. The bus ran over her lower back and thigh and she got grievous injury on her lower back and she was sustained perennial laceration. The claimant had taken treatment at Christian Medical College Hospital, Vellore and undergone an operation on 29.01.2011 and continued as inpatient till 27.02.2011. Subsequently, the claimant was taking treatment as outpatient in the same hospital. She was completely bedridden and disabled. Under those circumstances, the claim petition was filed, seeking compensation of Rs.20 lakhs.