RAJAM Vs. RAMASWAMY

JUDGEMENT

(1.) This is an appeal filed by the first respondent-minor Rajam, represented by father and guardian Neelakandan, Proprietor, Anandan Bus Service, against the Award passed in C.P. No. 293 of 1979 on 29-1-1981 along with C.P. No. 162 of 1979 by the Motor Accidents Claims Tribunal (Third Additional Subordinate Judge), Cuddalore, finding that Ramaswamy petitioner/first respondent herein is entitled to recover a compensation ox Rs. 9,000/-. The Tribunal observed that during the period of treatment, the injured would have suffered much pain and suffering and as such a compensation of Rs. 3,000/- is just and adequate. It is also held that the injured due to mal-union of the bone has suffered permanent disability and as such a compensation of Rs. 6,000/- for the same was awarded. Thus, it was held that the first respondent herein was entitled to recover a total compensation of Rs. 9,000/-.

(2.) The petitioner/first respondent herein (in C. P. No. 293 of 1979), aged about 50 years is an agriculturist in Thondankurichi village earning about Rs. 300/- per month. On 2-6-1978 at about 1.15 p.m., both the first respondent herein as well as the petitioner in C.P. No. 162 of 1979 were travelling in the bus TNF-405 belonging to the appellant herein and insured with the second respondent herein. When it was coming near Uchimedu village in Kallakurichi-Vridhachalam Road, it was driven in a rash and negligent manner and it dashed against a road side tamarind tree as a result of which both of them sustained injuries. The first respondent herein sustained fracture in his right upper arm, internal wound in chest and other injuries on his fingers. Even after treatment in Government Hospital, Kallakurichi and in the headquarters hospital at Cuddalore as an in-patient for 17 days and also in the Jimper Hospital at Pondicherry for about four months, still he is not able to do any work with his right arm and especially agricultural work. Therefore, the first respondent herein claimed a compensation of Rs. 10,000/-.

(3.) The appellant herein in its counter before the Tribunal contended that on a latent mechanical defect, the steering wheel went out of control all of a sudden and could not be controlled by the driver. Thus, the accident had happened not due to rash and negligent driving of the bus, but due to an act of God for which no one can be held liable.