NATIONAL INSURANCE CO. LTD. Vs. MADHUSUDHAN

JUDGEMENT

(1.) THE appellants, National Insurance Co. Ltd., being aggrieved by the Award dated 1st August, 1988, made in Claim Petition No. 69/85 by Motor Accident Claims Tribunal, file the present appeal.

(2.) CLAIM petition was instituted by the first respondent, who was an employee of Madras Rubber Factory, claiming a sum of Rs. 97,900/- as and by way of compensation in respect of an accident that he met on 3rd March, 198S, out of the use of motor vehicle and as a result of which he had suffered fracture injuries to his left hand. Respondent No. 1/original claimant boarded passenger bus No. GDS-1819 (Gulmohar) and as the bus was already over-crowded he was standing close to the door. According to him, when the bus reached near Gurti it suddenly swerved to the left side in a rash and negligent manner, with a view to make way for the on-coming vehicle and thereby violently dashed against an electric pole. The sudden impact made the respondent No. 1 fall out of the bus and in the result he suffered fracture of the humerus and fracture of the olecranon.

(3.) THE Presiding Officer by the impugned Award on coming to the irresistible conclusion and finding that the bus in question was driven rashly and negligently, awarded a compensation of Rs. 60.000A to be paid jointly and severally by the appellants and the respondents No. 2 and 3, with 12% interest from the date of the claim petition till complete satisfaction. In fact, the Tribunal assessed the compensation at Rs. 65,000/- and held that the same is liable to be slashed by 10% on the ground that the respondent No. 1 is getting 2. a lump sum award and that way adjudicated the compensation at Rs. 60,000/-. The break-up of the compensation is :