MANAGING DIRECTOR, RANI Vs. K.M. RAJU

JUDGEMENT

(1.) THIS appeal is directed against the award passed by the IV Addl. Sub-Judge, Motor Accident Claims Tribunal, Madurai in M.C.O.P. No. 1218 of 1992 dated 4.11.1993. Transport Corporation is the appellant, in the above appeal.

(2.) ACCORDING to the claimant, on 24.3.1992 at about 16.15 hours the respondent's bus TN-57-N-0137 was stopped in the Chockalingapuram bus stop. When the petitioner was getting into the bus, the respondent's driver suddenly took the bus as a result of which the petitioner fell down and that the left rear wheel ran over the petitioner's right leg which was completely crushed in the accident. The accident was caused only due to the rash and negligent driving of the first respondent's driver. He has sustained multiple injuries and he was taken to Government Rajaji Hospital, Madurai and admitted as inpatient on 24.3.1992 and discharged on 3.7.1992 with the direction to continue the treatment as an outpatient. He had sustained permanent disability of shortening of right leg, restricted movement of right ankle causing limping of walk and he cannot stand and walk for a long time and he had suffered untold pain and sufferings at the time of undergoing treatment as an in patient: His wife and father were present for assisting at the time of undergoing treatment as an inpatient. He was hale and healthy and looking after his family before the accident. His family consists of wife, 2 female children, father and he is the only bread winner of his family. He was a sweet master at Nellai Parwathi Bhavan and he used to earn Rs. 40/- per day and as a result of the accident, he was unable to work due to the disability caused to him. The claimant claimed the total compensation of Rs. 4,15,200/-.

(3.) ON a consideration of the said pleadings and evidence, the Tribunal held that the accident had resulted only due to the negligence on the part of the driver of the bus. A sum of Rs. 79,000/- was fixed as compensation payable to the claimant. Hence, the present appeal.