R RAJA Vs. L S DILLI BABU

JUDGEMENT

(1.) THE injured, a living dead person, suffering multiple injuries, i.e., (rupture of urethra and fracture of pelvic bone, ultimately resulting in loss of marital prospects), has filed this appeal, challenging the quantum of compensation of Rs.2,10,000/ - as inadequate and praying for enhancement.

(2.) THE injured was working as a cleaner under the first respondent. THE lorry bearing registration No.TN -25 -3459 had been parked on the western side of Elliamuthali Street, Thondaiarpet, Chennai facing South and waiting for being loaded. As instructed by the driver, the injured went underneath the lorry to apply grease. THE lorry driver, who came from the nearby go -down, carelessly and negligently started the vehicle, thereby, caused crush injury to the injured who was under the lony. THE appellant sustained fracture of pelvic bones, rami fubis, rupture of urethra, intestinal injury etc. He was admitted at Ramya Hospital, Chennai and later shifted to the Government General Hospital. THE injured in the course of his employment was earning a sum of Rs.3,000/ - per month. Due to the injury leading to permanent disability, his future life has become a question mark and, therefore, the petitioner quantified the compensation at Rs. 16,00,000/ - and filed the claim accordingly.

(3.) THE Tribunal on considering the question of rash and negligent driving, on the basis of the admission of guilt by the driver before the Criminal Court, admitting the rash and negligent driving (wherein he paid a fine of Rs.1,000/ -) has held that the accident took place due to the rash and negligent driving of the first respondent's driver. THE contention of the first respondent that the injured was sleeping under the lorry and not greasing the lorry was not accepted by the Tribunal, in the absence of any evidence on the side of the respondent.