MANAGING DIRECTOR Vs. SUBEDHA

JUDGEMENT

(1.) Being aggrieved by the quantum of compensation of Rs. 9,34,000/- awarded by the Motor Accident Claims Tribunal (Additional District and Sessions Judge-cum-Chief Judicial Magistrate) Ariyalur, for the injuries sustained by the respondent, the appellant Tamil Nadu State Transport Corporation has preferred this appeal.

(2.) Brief facts are that on 30.01.2006 at 7.00 A.M., when the respondent, guardian of the respondent and her mother were standing in front of their house at Samathuvapuram, Ariyalur to go to her grandmother's home, a bus bearing registration No.TN-45 N belonging to the appellant driven by its driver in a rash and negligent manner dashed against the respondent, who was a minor at that time. Due to accident, the respondent sustained multiple grievous injuries all over her body. Immediately, after the accident, she was taken to Government Hospital, Tanjore, where her right leg below the knee was amputated. Regarding the accident, a criminal case was registered against the driver of the appellant bus in Crime No.10 of 2006 under Sections 279 and 338 I.P.C. On the file of Keezhapalur Police Station. At the time of accident, the respondent was a minor and was studying in school. Stating that the accident was due to rash and negligent driving of the appellant's bus driver and that the right leg below the knee was amputated, the father of the petitioner, filed the Claim Petition claiming compensation of Rs. 10,00,000/-.

(3.) Denying the accident, the appellant has filed counter stating that on 30.01.2006, the appellant's bus was driven by its driver with all care and caution on its regular trip from Ariyalur to Trichy. When the bus was nearing Varanasi Samathuvapuram Bus stop, the appellant's bus driver reduced the speed of the bus and he had been in the opposite side there was a private bus parked in the right side of the bus and behind of the private bus a minor girl suddenly crossed the road. On seeing this, the appellant's driver sounded horn, applied brakes, swerved the bus to his extreme left side and stopped the bus. Inspite of it, the minor girl lost her balance and dashed against the front right corner of the standing bus and fell down and sustained injuries. Thus the accident was not occurred due to rash and negligent driver of the drive of the appellant. It is also stated in the counter that the amount claimed by the petitioner is highly excessive and out of proportions.