MANAGING DIRECTOR ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION THIRUPATHI CHITTOOR DISTRICT ANDRA PRADESH Vs. T K SUBRAMANIAN

JUDGEMENT

(1.) BEING aggrieved by the award of compensation of Rs.22,97,500/- for the injuries sustained by the Respondent-Claimant, the Appellant-Andhra Pradesh State Road Transport Corporation has preferred this appeal.

(2.) BRIEF facts are that on 15.8.1997 - 6.30 a.m., the injured Claimant and his friend Venkateswarlu proceeded to Tirumala from Tirupathi from Gummidipoondi, Madras to worship in Sri Venkateswara Temple, in his motor cycle bearing registration No.TSO 1760. At about about 10.00 a.m., when the Claimant was proceeding at IInd Ghat road from west to east, Appellant Corporation bus bearing No.AP-9 Z 7661 was coming behind their vehicle in a hair pin bend and Appellant Corporation bus overtook the motor cycle and while so overtaking, the front bumper of the bus hit against the motor cycle and due to the hit, the Respondent-Claimant fell adown and sustained head injuries. Due to the head injuries, eyes, teeth and brain of the Claimant were seriously damaged. The bus driver took the injured Claimant and his friend Venkateswarlu in an ambulance and admitted them in Aswani Hospital in Thirumala where the Respondent-Claimant had taken initial treatment and thereafter Claimant had taken further treatment in Vijaya Hospital, Vadapalani, Madras and then in MIOT Hospital, Vadapanai, Chennai. Regarding accident, a criminal case in Crime No.25 of 1997 of Thirumala Traffic Police Station was registered against the bus driver under Sections 279 and 337 I.P.C. At the time of accident, Respondent-Claimant was working as Works Manager in Flocon Systems (P) Limited, Gummidipoondi and was getting salary of Rs.12,500/- per month. Because of the head injuries and fractures, which resulted in permanent disability, the Claimant is not in a position to carry on his normal avocation and he is permanently disabled. Alleging that the accident occurred to the rash and negligent driving of the bus driver and that Claimant is permanently disabled, Claimant filed Claim Petition claiming compensation of Rs.50,00,000/-.

(3.) UPON consideration of oral and documentary evidence, Tribunal held that the accident was due to rash and negligent driving of the bus driver and that the acquittal of the criminal case would not in any way absolve the Appellant Corporation from his tortuous liability. Based on Ex.P46-disability certificate and finding that Claimant has permanently disabled, Tribunal has awarded total compensation of Rs.22,97,500/- under various heads as follows:-