MURUGAN Vs. MANAGING DIRECTOR STATE EXPRESS TRANSPORT CORPORATION LTD

JUDGEMENT

(1.) Being dissatisfied with the quantum of compensation, Claimants have preferred these Appeals for enhancement of compensation. Since, the Appeals arise out of the same accident and the Appellants being father and son, both the Appeals were taken up together and disposed of by this Common Judgment.

(2.) Brief facts are that on 07.02.2001, Claimant Murugan and his son Minor Sarath Kumar [Appellant in CMA. No. 2304/2006] were travelling in the Respondent bus bearing registration No. TN-01 N 6024 from Theni to Villupuram. At about 05.30 hours, when the bus was nearing in between Bahgur Name Board and North of Bridge at Trichy to Chennai Main Road, the driver of the bus drove the same in a rash and negligent manner and dashed on the back side of the stationed lorry. In the accident, Claimant Murugan sustained closed fracture both bones right leg; displaced fracture of the left lateral tibial condyle; closed statice inter locking intramedullary nailing right tibia and also sustained multiple injuries all over the body. Claimant Minor Sarath Kumar sustained avulsion injury to the left knee, injury on the upper 1/3rd left leg. After the accident, both the Claimants were admitted in Virudachalam Government Hospital. Thereafter, they have taken treatment in Jipmer Hospital, Pondicherry and Sri Ramachandra Hospital, Porur respectively. Regarding the accident, criminal case in Crime No. 37/2001 of Vepur Police Station was registered. Alleging that the accident was due to rash and negligent driving of Respondent-State Express Transport Corporation bus, Claimants have filed Claim Petitions claiming compensation of Rs. 20,00,000/- and Rs. 1,50,000/- respectively.

(3.) Resisting the Claim Petitions, Respondent-State Express Transport Corporation filed counter stating that when the bus nearing Kallur in between Thozhupedu and Vapur at about 5.30 A.M., a lorry was coming from the opposite direction with bright lights at a high speed. In order to avoid head on collision, the driver of the bus had slowed the bus and moved on its extreme left side of the road. At that time, the lorry which was stationed on the left side of the road without any indication has moved on its reverse and dashed against the bus. Therefore, the accident occurred due to the negligence of lorry driver and hence Respondent-Transport Corporation is not liable to pay compensation to the Claimants.