MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION LIMITED COIMBATORE Vs. K V AJEEZKUMAR ALIAS AZEE

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the Tamil Nadu State Transport Corporation Limited against the Judgment and Decree dated 14.9.2001 made in MCOP.No.224/1998 by the learned Sub Judge (MACT) Bhavani.

(2.) On 17.9.1997 at about 11.00 am, the 1st Respondent/claimant was travelling in the bus bearing Reg.No.TN-38-N-0184 belonging to the Appellant Corporation from Palani to Coimbatore enroute Pollachi. When the bus was proceeding near Thippampatti, the bus driver swerved down the bus and hit the lorry which was crossing it, due to which, the right hand of the claimant, who was seated in the rear seat near the window, was fully severed, causing permanent disability to 85 per cent. Hence, the claimant filed the above claim petition, claiming a compensation of Rs.5,00,000/- under various heads before the Tribunal.

(3.) The Tribunal has analysed the evidence and rejected the contention of the Transport Corporation that the claimant was liable for contributory negligence, as he projected his hand outside the window of the bus.