MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION (COIMBATORE DIVISION)LIMITED Vs. S KOILRAJ @ S KOVILRAJ

JUDGEMENT

(1.) Aggrieved over the findings of the Tribunal, dated 04.08.2017 made in MCOP.No.131 of 2016 on the file of the Motor Accident Claims Tribunal/The Special Subordinate Judge, Erode., the present appeal has been filed by the first respondent Transport Corporation to set aside the award passed by the Tribunal.

(2.) For the sake of convenience, the parties will be hereinafter referred to in this judgment as arrayed before the Tribunal.

(3.) The case of the petitioner is that on 20.12.2015 at about 03.45 p.m., while the petitioner was travelling as a pillion rider in the two wheeler bearing Registration No.TN.01.L.4953 in Kovai to Mettupalayam Road, while they were going near K.R. Hospital, the 2nd respondent Transport Corporation bus bearing Registration No.TN-38-N-2292 driven by the first respondent, came at high speed dashed against the two wheeler resulting in the petitioner suffering bone fracture and grievous injuries. The accident occurred only due to the rash and negligent driving of the first respondent driver. The petitioner underwent treatment as in patient from 20.12.2015 to 02.02.2016. The petitioner suffered bone fracture at right thigh and right shoulder and under went operation for the fracture and to rectify the same plate as well as screw were implanted. Subsequently, the petitioner under went plastic surgery also. The petitioner by working as supplier in Hotel was earning a sum of Rs.5,000/- per month. Due to the injuries suffered, he is unable to carry on his normal day today activities. Thus, the petitioner sought for a sum of Rs.10,00,000/- as compensation from the respondents.