MANAGING DIRECTOR, TAMILNADU STATE TRANSPORT CORPORATION Vs. R ARUKUTTI GOUNDAR; P DHAMODHARAN (DRIVER GIVEN-UP)

JUDGEMENT

(1.) On 16.12.1993, when the 1st respondent herein/claimant was boarding a bus bearing Registration No.TN-37-N-0011, which belonged to the State Transport Corporation, from the rear entrance, without noticing the same, the driver suddenly started the bus, due to which the 1st respondent/claimant lost his balance, fell down and sustained injuries. Immediately thereafter, the claimant was taken to Coimbatore Medical College Hospital, Coimbatore, wherein it was found that there was fractures in tibia and injuries in other parts of the body. Plates have been fixed by surgical process. He was hospitalized for a considerable period.

(2.) On account of the injuries, he suffered disablement and could not work, as before. For pecuniary and non-pecuniary losses, he has filed M.C.O.P.No.538 of 1994 on the file of the Motor Accidents Claims Tribunal (II Additional Sub-Judge), Coimbatore, claiming compensation of Rs.2 lakhs. The Managing Direction of State Transport Corporation opposed the claim, denying the negligence on the part of the driver of the bus. According to him, the bus was stopped at Ukkadam bus-stop, so as to enable the passengers to alight and board; after getting signal from the conductor, the driver started the bus. But, the 1st respondent/claimant attempted to board the moving bus, fell down and sustained injuries. Thus, according to the Managing Direction of the State Transport Corporation, it was the 1st respondent/claimant, who invited the accident due his negligent act, for which the Transport Corporation is not liable to pay the compensation. Without prejudice to the above, they disputed the age, nature of injuries, period of treatment and quantum of compensation claimed under various heads.

(3.) Before the Claims Tribunal, the 1st respondent/claimant examined himself as P.W.1 and reiterated the manner of accident. P.W.2 is the doctor who issued disability certificate to the claimant. On the side of the claimant, eight documents have been marked. Ex.P.1, dated 16.12.1993, is the First Information Report. E.P.2, dated 21.09.1995, is the Wound Certificate. Ex.P.3, dated 06.02.1993, is the sketch. Ex.P.4, dated 16.12.1993, is the copy of the report of the Motor Vehicle Inspector. Ex.P.5, dated 25.02.1994, is the Charge-sheet. Ex.P.6 is the Out-patient hospital receipt. Ex.P.7, dated 08.12.2002, is the disability certificate and Ex.P.8 is the x-ray. On the side of the Transport Corporation, the driver of the bus examined himself as R.W.1 and he has marked Ex.R.1, dated 30.10.1996, the copy of the criminal court judgment, in which, he has been acquitted.