NESAMONY TRANSPORT CORPORATION Vs. CHENTHILATHIAPAN

JUDGEMENT

(1.) NESAMONY Transport Corporation Limited, Nagercoil has filed this appeal challenging the award dated 30.4.1993 passed in M.C.O.P. No. 61 of 1988 on the file of Motor Accident Claims Tribunal (Subordinate Judge Court), Nagercoil, on the ground of negligence and of the quantum.

(2.) THE respondent Chenthilathiapan is the claimant. On 10.1.1988, the respondent was going on a cycle with his friend Ashokan, P.W. 2 through the branch road called Rajapathai, from North to South. When they came near the main road where the branch road joins, the bus bearing Registration No. T.M.N. 9167 belonging to the appellant Corporation came in a rash and negligent manner on the right side of the main road and dashed against the culvert on the Rajapathai and thereafter, hit against the claimant and his friend. Due to this accident, the claimant sustained fractures and multiple bleeding injuries. He was taken to hospital, where operation was conducted upon him. After discharge from the hospital, the claimant has filed petition in M.C.O.P. No. 61 of 1988 on the file of the Motor Accident Claims Tribunal (Subordinate Judge Court), Nagercoil praying compensation of Rs. 1,00,000/- for the injuries sustained by him due to the negligent driving of the bus belonging to the appellant Corporation.

(3.) THE Tribunal accepted the case of the claimant and directed the appellant Corporation to pay the compensation of Rs. 40,300/- as against the total Compensation of Rs. 1,00,000/-. This judgment is put at issue before this Court in this appeal.