R SENTHILKUMAR Vs. LOGANATHAN

JUDGEMENT

(1.) This appeal is at the instance of the claimant, who had suffered injuries in the motor accident that occurred on 14.10.2008. The claimant, who was travelling in the passenger bus belonging to the Metropolitan Transport Corporation from Vadapalani to Avadi sustained injuries in the accident.

(2.) According to the claimant, the Eicher Van, bearing Registration No.TN-22-AS-7742 owned by the 2nd respondent driven in a rash and negligent manner by the 1st respondent driver dashed against the bus and in the said impact, the right hand of the claimant got crushed resulting in amputation of the same above the elbow. Claiming that the said injury has caused serious disability of earning power, the claimant sought for compensation of Rs.30,00,000/-.

(3.) The 3rd respondent, who is the insurer of Eicher Van, resisted the claim contending that the accident took place because of the negligence on the part of the claimant and the claimant was keeping his hand outside the window of the bus. The quantum of compensation claimed was also disputed. It was also claimed that it is the negligence on the part of the driver of the bus belonging to the Metropolitan Corporation which caused the accident.