MANAGING DIRECTOR Vs. D VENKATESAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the Transport Corporation against the Judgement and Decree dated 30.10.2006 made in MCOP.No.752/2003 by the learned Additional District Judge (FTC-II) Kancheepuram, whereby the Tribunal awarded a sum of Rs.5,40,500/- as total compensation with interest at 7.5 per cent p.a. from the date of the claim petition till the date of realization to the claimant/respondent herein for the injuries sustained by him in the motor accident that had occurred on 2.10.2003.

(2.) On 2.10.2003 at about 1.35 a.m. when the claimant was driving his own lorry along with the cleaner loaded with iron plates from Korukkupettai Goods Shed towards Kanchipuram in the Bangalore Highways Road, near Poonamallee Kumanan Chavadi, the lorry was stopped on the extreme left side of the road as the tyre got punctured. While he was attending to the repairing work, the bus belonging to the Appellant Transport Corporation coming from Chennai towards Poonamallee at a high speed hit behind the claimant, who was attending the puncturing work on the left side of the road, due to which he suffered multiple injuries and he was immediately admitted in the Porur Ramachandra Hospital and his right leg was amputated above knee. The claimant filed the claim petition before the Tribunal claiming compensation of Rs.25 lakhs, restricted to Rs.15 lakhs.

(3.) The Tribunal held that the accident had occurred due to the rash and negligent driving of the driver of the bus and after fastening negligence on the part of the bus driver, awarded compensation to the claimant as stated above.