S GANESH (MINOR) REP BY HIS FATHER J SIVAKUMAR Vs. MANAGING DIRECTOR, METROPOLITAN TRANSPORT CORPORATION LTD

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the order and Decree dated 30.04.2012 made in M.C.O.P.No.4266 of 2009 on the file of the Motor Accident Claims Tribunal (V Court of Small Causes), Chennai.

(2.) The essence of the case is that on 23.10.2009 at about 8.45 a.m., while the claimant was travelling as a passenger in MTC bus bearing Registration No.TN 01 N 5419 along K.H.Road near Kambar Arangam Bus stop speed breaker, at that time, the MTC bus was driven by the driver and it stopped at the Kambar Arangam bus stop and without caring for the passengers to get down, suddenly the driver took the bus in a rash and negligent manner, thereby, the claimant fell down and sustained grievous injuries. The driver of the bus is responsible for the accident. The respondent-Transport Corporation as the owner of the bus, is liable to pay compensation. Therefore, the claim petition was filed seeking compensation of Rs.3,00,000/-.

(3.) The respondent-Transport Corporation has filed a counter stating that due to slow speed of the bus over the speed breaker, the students travelling in foot board suddenly got down from the back side footboard in a rash and negligent manner, since their school was nearby the bus stop and they hurried by getting down to attend the school in time in the morning by gaining the advantage of speed breaker. Though some students got down safely, the claimant's legs slipped while getting down from the slow moving bus, due to which, he lost his balance and fell down and sustained injuries. The accident was caused due to the sudden fall of the student from the moving bus at the speed breaker point.