MANAGING DIRECTOR Vs. ARUNMOZHIDEVAN

JUDGEMENT

(1.) BEING aggrieved by the award of compensation of Rs.1,40,600/ -, State Transport Corporation has preferred this appeal.

(2.) RELEVANT facts which are necessary for disposal of this appeal are as follows: - The respondent/claimant is a Veterinary Assistant Surgeon working at Elathagiri. Case of respondent is that on 01.03.2000 at Bangalore Majestic Bus Stand, he was seated in the last row of State Transport Corporation bus bearing Registration No.TN 23 N 1327, to go to Krishnagiri. At about 1.30 p.m. driver of the bus is alleged to have driven the bus in a rash and negligent manner at an uncontrollable speed on the speed breaker of the Bus Stand and without reducing the speed, hit the second speed breaker, due to which, the claimant, who was seated on the last row, was thrown upward and his head hit against the roof of the bus and he was thrown back to the seat. The respondent experienced excruciating pain at his back and sustained grievous injuries over inter -scapula region. Claimant had lodged a complaint, on the basis of which, case was registered in Upparapet P.S. in Cr.No.198/2000 under Sec.279 and 337 IPC. Claimant was admitted in the Government Hospital Krishnagiri and thereafter, he was admitted in private hospital and taken treatment. Alleging that the driver of STC bus was solely responsible for the accident, respondent/ claimant has filed Petition under Section 166 M.V.Act, claiming compensation of Rs.5,00,000/ -.

(3.) BEFORE the Tribunal, to substantiate the claim, claimant examined himself as PW -1. Dr.Ravi Kumar was examined as PW -2. Exs.P -1 to P -8 were marked. On the side of appellant, RWs. 1 and 2 were marked and Ex.R -1 - Complaint and Ex.R -2 Trip Sheet were marked. Referring to the evidence of PW -1 and Ex.P -1 FIR, the Tribunal held that the accident occurred only due to rash and negligent driving of the bus driver and on the basis of evidence of PW -2, Tribunal assessed the permanent disability at 35% and awarded total compensation of Rs.1,40,600/ - under various heads.