D. SUNDARAM Vs. METROPOLITAN TRANSPORT CORPORATION LTD.

JUDGEMENT

(1.) THE appellant has filed this civil miscellaneous appeal for enhancement of compensation as against the award and decree dated dated 5.11.2001 made in MACT.OP.No.3387/1998 on the file of the Motor Accidents Claims Tribunal (3rd Judge, Small Causes Court) Chennai. The claimant has filed claim petition for compensation of Rs. 1,00,000/ - for injuries sustained by him by stating that on 3.4.1998 at about 7.15 hours, while the petitioner was riding his cycle from north to south at the extreme left side of Old Mahabalipuram Road, near Hyundai Service Centre, Kottivakkam, the respondent -MTC Bus bearing Registration No.01 N 2332 driven by its driver in a rash and negligent manner endangering the public safety came at a dangerous speed from the opposite direction on the wrong side of the road and dashed against the petitioner and he sustained grievous injuries and was taken treatment as in -patient at Royapettah Government Hospital from 3.4.1998 to 7.4.1998 and also continuously taking treatment as out patient and thus he sustained permanent disability and the age of the petitioner was 54 years and he was working as worker in Brll Ink and earning Rs. 3,450/ - per month and therefore claimed compensation as stated above from the respondent.

(2.) ON the side of the respondent, has contended before the Tribunal that the petitioner was coming from opposite side almost in the middle of the road and on seeing the respondent bus approaching him, suddenly tried to swear his left and having failed, grazed with the right corner of the bus with his cycle handle bar and fell down and sustained minor injuries and also contended that the age, occupation, income, nature of injuries, treatment and permanent disability etc have to be proved by the claimant and the compensation claimed by the petitioner is excessive.

(3.) CONSIDERING the abovesaid oral and documentary evidence, the Tribunal has held that the accident was occurred only due to rash and negligent driving of the driver of the respondent -bus and therefore the respondent is liable to pay compensation.