C NAZAR Vs. K RAMESH

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the Judgment and Decree dated 03.10.2018 made in M.C.O.P.No.505 of 2014 on the file of Motor Accident Claims Tribunal, 2nd Additional District Judge, Poonamallee.

(2.) The injured passenger of the bus was the claimant before the Tribunal, Poonamallee. Claiming that the award passed by the Tribunal being on the lower side, the injured/claimant has filed this Civil Miscellaneous Appeal.

(3.) The case in brief is as follows: On 02.04.2014 at about 9.30 pm, claimant was travelling as a passenger in a private bus/KRS bearing Registration No. TN 60 S 3578. When the bus was proceeding near the Petrol pump at Maraimalai Nagar, a container lorry was proceeding in front of the bus. Suddenly it swerved on the right side and came in front of the bus. Therefore, the driver of the bus could not control the speed. Even though he tried his best to avoid the collission, the bus collided with the container lorry. In the impact the passenger/claimant was thrown out from the bus and he suffered multiple fractures. He had suffered head injury, Diffused cerebral Edema, Diffused axonal severe injury, Left Parietal lobe sub cortical Haemorrhagic contusion, Right frontal Lobe Subarachnoid Haemorrhage Bilateral Tentorial Subdural Hemorrhage, Bone fracture of C7 Vertebral spinuous. He was treated in the hospital from 03.04.2014 to 02.06.2014 for a period of 60 days as inpatient and underwent three surgeries. Later, he underwent treatment at Narayana Ayurvedha Hospital, Palakkad for a period of 21 days.