UNITED INDIA INSURANCE COMPANY LTD Vs. BAKTHAVACHALAM

JUDGEMENT

(1.) Being aggrieved by the quantum of compensation of Rs.14,84,559/- awarded for the injuries sustained by the 1st Respondent-Claimant in road traffic accident on 14.03.1997, Appellant-Insurance Company has preferred this appeal.

(2.) Brief facts are that 1st Respondent-Claimant was on duty as Conductor in 3rd Respondent-Transport Corporation Bus bearing registration No.TN-29-N 0713, which was proceeding from Bargur to Madras. On 14.3.1997, when the bus was nearing Ankinayackanampatti village in Bargur to Vaniyambadi National Highways, the driver of the lorry bearing registration No.ATC 2977 belonging to the 2nd Respondent and insured with the Appellant-Insurance Company driven the same in a rash and negligent manner and dashed against the bus. Due to the hit, the Claimant and the other passengers sustained injuries. In the accident, Claimant sustained fracture of spinal cord and also head injuries. Immediately, after the accident, the Claimant was taken to Government Hospital, Krishnagiri, where Claimant was given first aid and then admitted in Government Headquarters Hospital, Dharmapuri and discharged on 16.3.1997. Thereafter, Claimant got admitted in private hospitals and taken treatment as in-patient. After discharge from Dr.Sundarajan's Neuro Hospital, Salem, Claimant had also taken treatment in the same hospital for 1= years as outpatient. Claimant rejoined duty on 23.3.1998 and worked for about 4 years in alternative work assigned to him. He was referred to Mohan Kumara Mangalam Medical College Hospital, Salem for medical examination for assessment of certificate of his suitability to do the duty of Conductor by the Tamil Nadu State Transport Corporation, Salem Division. By Proceedings dated 03.12.2002, the Medical Board certified that Claimant is unfit for Conductor post and that Claimant was discharged from service on medical grounds on 05.12.2002. Regarding the accident, a Criminal case was registered against the lorry driver in Crime No.55 of 1997 under Sections 279 and 337 I.P.C. on the file of Bargur Police Station. Stating that the accident was due to rash and negligent driving of the lorry driver, Claimant filed the Claim Petition claiming compensation of Rs.20,00,000/-.

(3.) Resisting the Claim Petition, Appellant-Insurance Company filed the counter contending that since the accident occurred during the course of employment, the Claimant is entitled to get compensation only from his employer under Workmen's Compensation Act. Appellant-Insurance Company also denied the medical expenses incurred and the percentage of disability suffered by the Claimant and that the compensation claimed by the Claimant is excessive.