R RAVI Vs. MANAGING DIRECTOR, STATE EXPRESS TRANSPORT CORPORATION; BRANCH MANAGER, STATE EXPRESS TRANSPORT CORPORATION AND ORS

JUDGEMENT

(1.) The appellant/claimant has preferred the present appeal in C.M.A.(MD)No.1307 of 2009 against the judgment and decree passed in M.C.O.P.No.456 of 2005, dated 10.06.2009, on the file of the Motor Accident Claims Tribunal, Principal Subordinate Judge, Kumbakonam.

(2.) The petitioner, has filed the claim in M.C.O.P.No.456 of 2005, claiming compensation of a sum of Rs.9,00,000/- from the respondents for the injuries sustained by him in a Motor Vehicle Accident. It was submitted that on 09.06.1990, when the petitioner who was the driver in the Thiruvallur Transport Corporation, took the TTC bus on its trip from Chennai to Kumbakonam and at about 04.15 p.m., when the bus was proceeding near the Bharat Petrol Bunk, Dindivanam, he had seen the 1st respondents bus coming in the opposite direction and driven by its driver at a high speed and in a rash and negligent manner. On seeing this, the petitioner had taken his bus to the extreme south of the road. Inspite of this the 1st respondents bus had dashed against the bus driven by the petitioner and caused the accident. In the result, the petitioner sustained injuries in his left thigh and also sustained severe injuries on the other parts of his body. Immediately, thereafter, he was admitted at Government Hospital, Dindivanam and the petitioner lodged a compliant with police through the TTC authorities. As the driver of the 1st respondent's bus was also employed at Thiruvallur Transport Corporation, TTC authorities had not forwarded his compliant to the police station. After discharge from the hospital, he had taken treatment as an inpatient at Rajamirasuthar Hospital, Thanjavur. Subsequently, the TTC authorities refused to allow him to resume his duties and terminated his services on 12.03.1993. It was submitted that the petitioner for medical check up on 24.07.1992 and was found unfit to drive heavy duty vehicles due to disability sustained in the said accident. Inspite of request made by him to the TTC authorities to give him some other job in the department, the TTC authorities failed to give him an alternate job. At the time of accident, the petitioner was earning Rs.7,500/- per month. As the TTC authorities failed to register his complaint with the Police Station, the petitioner is unable to file the copy of F.I.R. Hence, the petitioner has filed the claim against the respondents.

(3.) The 1st respondent, in his counter has submitted that the petitioner was only engaged as a temporary employee from 04.05.2009 for a period of 248 days and that he had taken unauthorized leave for 178 days. A memo was served on him in this connection and the charge was subsequently proved. One of the charges laid against him was that he had involved the TTC bus in the accident and caused loss to the TTC. It was submitted that after the medical examination, the petitioner was found until to resume his service as a driver due to disability sustained by him. It was submitted that as the petitioner had failed to furnish the registration numbers of the vehicles involved in the accident and as the F.I.R, accident register and other documents had not been produced to prove the accident and as the petition filed by him had been rejected by the Commissioner for Workmen Compensation, the petition has to be dismissed.