METROPOLITAN TRANSPORT CORPORATION LTD. Vs. MURALI

JUDGEMENT

(1.) Questioning the negligence and quantum, the Appellant/Transport Corporation Ltd., who is the respondent in the claim petition stands before this Court with this Civil Miscellaneous Appeal.

(2.) The Respondent had made a claim before the Claims Tribunal (Additional Sub-Judge), Thiruvannamalai, claiming a sum of Rs.5,00,000.00 for the injuries sustained by him in a road traffic accident, said to have been taken place on 20/6/2007 @ 2.30. p.m. at Valluar Kottam Bus Stop, Chennai involving a passenger bus bearing Registration No.TN-01-N-4348 belonging to the appellant/Transport Corporation Ltd.

(3.) As it is manifested from the Claim Petition, the Respondent/Claimant was travelling in the above said bus on 20/6/2007. When the bus was nearing Valluvar Kottam Bus stop, he was informed by the conductor that the bus would not go to Vadapalani and the conductor had given a signal by whistle to stop the bus. Before the respondent could alight from the bus completely, the driver, who was on the steering wheel had moved the bus without minding the respondent getting down from the bus. As a result of which, he had fallen down and his right leg was run over by the rear wheel of the bus. On account of this reason, the right leg of the respondent was completely severed. Pelvic bone was fractured. Besides this, he had sustained injuries over his right knee, left foot and above his body.