S.KRISHNASWAMY Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The petitioner would state that he is an employee of The Vysya Bank Limited and have been working as ALPM Operator and was residing in Room No.52, Hotel Sri Vigneswara, Dhanappa Mudali Street, Madurai - 625001. The petitioner would further state that his family members are living in Door No.19/27 (O), Radhika Avenue, P N Pudur, Coimbatore and he used to visit his family on Saturday nights and return to Madurai on Sunday night every week. According to the petitioner, on 30.06.2011, he came to Coimbatore to spend time with his family members and at that juncture, the former Chief Minister of Tamil Nadu Thiru.M.Karunanidhi was arrested and it was widely reported through press and visual media. The Dravida Munnetra Kazhagam [DMK] party had also called for Bandh on 02.07.2001. However, the State Government has specifically published in newspapers indicating that buses and other vehicles would ply between 6.00 a.m. and 06.00 p.m. on the said date.

(2.) The petitioner had to return to Madurai on 02.07.2001 and therefore, on 01.07.2001, he boarded a bus bearing Reg.No.TN 33 N 0912 belonging to the Tamil Nadu State Transport Corporation by purchasing a ticket by paying a sum of Rs.45.25p. The petitioner also enquired with the State Transport Corporation officials as to whether the bus from Coimbatore to Madurai would reach Madurai safely. The depot officials assured that there would not be any problem and the passengers would be taken safely to their destinations and so also stated by the driver and conductor of the said bus. The petitioner, on the strength of the assurance given by the depot officials, as well as driver and conductor of the bus, boarded the bus on 01.07.2001 and he sat on the first seat just behind the driver seat and the bus commenced the journey from Coimbatore at about 6.30 p.m. and was scheduled to reach Madurai between 11.30 p.m. and 12.00 midnight.

(3.) When the bus had crossed Paravai, which lies in the outer periphery of Madurai and falls within the jurisdiction of Samayanallur Police Station, at that juncture, a big stone pierced through the windshield of the bus and directly hit the petitioner on his left eye and as a result, his left eye ball came out with lot of pulp and caused injury around his left eye and cheek. The bones around his eye and left check were fractured and his left eyelid was torn and there was also profuse bleeding and as a consequence, the petitioner suffered excruciating pain and almost on the verge of collapse. On account of the said stone throwing, another passenger also sustained head injury and immediately, the bus was halted and according to the petitioner, two persons who were riding a Bajaj M -80 motorcycle bearing No.TN 65 3722 had thrown the stone on the bus, causing the said incident.