RADHA Vs. UDHAYARAJ

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed by the petitioner herein/first respondent in Pauper O.P.No.134 of 2006 to set aside the Order dated 05.09.2007 in Pauper O.P.No.134 of 2006 on the file of the Subordinate Judge, Mannargudi.

(2.) THE first respondent in Pauper O.P.No.134 of 2006 is the revision petitioner herein. Pauper O.P.No.134 of 2006 has been filed by the respondents 1 & 2 herein, represented by their father, for permitting them to sue as an indigent person directing the Headmaster and the Correspondent of Needamangalam Higher Secondary School (respondents 1 & 2 in the OP) to pay a sum of Rs.1,50,000/- towards compensation and also for costs.

(3.) AT the time of enquiry, it was stated by the father of the respondents 1 and 2 herein that, he was employed as a driver with the Transport Corporation and he was getting a monthly salary of Rs.5,000/- . On 08.03.2000, the bus driven by him met with an accident and his right hand and leg were injured in that accident. Due to the injuries suffered by him, he could not continue his job as driver and as the Corporation did not come forward to give alternative employment, he resigned his post. The Corporation did not pay him any terminal benefits by stating that unless he paid the amount for the damages caused to the bus involved in the accident, no amount would be given to him. Therefore, he did not receive any amount from the Corporation at the time of leaving his job. During his cross examination, the father of the respondents 1 and 2 herein deposed that he is getting only a sum of Rs.80/- per day as wages and he did not own any lands. Further, he admitted in the cross examination that, he has got one thatched house and the value of the same will come to Rs.10,000/- to Rs.15,000/- approximately. He further stated that as he is a member of the Indian Communist Party, the party spent for the election expenses and therefore, he did not know anything about the expenses occurred during elections.