MANAGING DIRECTOR TAMIL NADU STATE Vs. N BALACHANDRAN

JUDGEMENT

(1.) S. Manikumar, J.-In an accident which occurred on 9. 5. 1998, the claimant sustained fracture of left leg, which was subsequently amputated. He claimed compensation of Rs. 9,00,000. The Tribunal on evaluation of pleadings and the evidence awarded compensation of Rs. 1,85,000 with interest at the rate of 12 per cent per annum from the date of claim. Not satisfied with the quantum, the claimant has filed c. M. A. No. 145 of 2001. The transport corporation, which was found vicariously liable for the accident caused due to rash and negligent driving of the driver, filed c. M. A. No. 868 of 2001, challenging the findings of the Tribunal regarding negligence and quantum. Therefore, both the appeals are taken up together and disposed of by a common order. For the sake of convenience, the parties are hereinafter referred to as 'the claimant' and the 'transport Corporation'.

(2.) THE brief facts of the case are as follows: (i) On 9. 5. 1998, the claimant boarded the bus owned by the transport Corporation at Chidambaram to go to Sethiathope. When he was getting down from the bus, the driver of the bus suddenly started the bus, without noticing the passenger. The claimant fell down and the front wheel of the bus ran over his left leg, crushing foot and ankle. The claimant was immediately taken to Raja Annamalai Hospital, chidambaram for first aid, from where he was taken to JIPMER Hospital, Pondicherry and was admitted on 9. 5. 1998. He was treated as inpatient. The effort by a team of doctors, who tried to set right the crushed foot below ankle failed. The claimant's left leg was amputated below knee. He was discharged from JIPMER Hospital on 20. 7. 1998 and, thereafter, treated as outpatient. (ii) The transport Corporation resisted the claim petition, contending, inter alia, that the bus was on its trip from chidambaram to Aundimadam and it was driven cautiously by its driver. When the bus was turning slowly near Rajiv Gandhi Statue at sethiathope, Bazaar Street, the claimant without informing the driver or conductor attempted to get down from the moving bus. He lost his balance, fell down on the road, sustained injuries. The transport Corporation contended that the accident had occurred only due to fault of the claimant, driver was not responsible for the accident and, therefore, the transport Corporation is not liable to pay any compensation. (iii) The claimant examined himself as pw 1. PW 2 is a co-passenger. PW 3 is the doctor, who issued the disability certificate. One Anathakrishnan was examined as PW 4. On the side of the claimant, Exhs. P1 to P24 were marked. On behalf of the transport Corporation, the driver of the bus was examined as RW 1 and the conductor was examined as RW 2. The Tribunal on evaluation of pleadings and evidence found that the driver of the bus was responsible for the accident and awarded compensation of Rs. 1,85,000 with interest at the rate of 12 per cent per annum.

(3.) HEARD Mr. A. Muthukumar, learned counsel appearing for the claimant and Ms. S. Geetha, learned counsel for the transport corporation.