M. JAGANATHAN Vs. PALLAVAN TRANSPORT CORPORATION LTD.

JUDGEMENT

(1.) THE claimant, who is the injured in the motor accident that took place on 21.6.1990 is the appellant in this civil miscellaneous appeal against the compensation of Rs. 12,000 granted by the Tribunal only on the basis of no fault liability. The claim was for Rs. 6,00,000.

(2.) THE injury sustained by the appellant has resulted in the amputation of his left leg above the knee. The injury was sustained when he was getting down from the respondent's bus from the front entrance of the bus and at a place, which was not a bus stop for the said bus. The bus was proceeding from the Flower Bazaar Police Station towards Parrys Corner in George Town, Madras. -A. According to the claimant, there was a traffic jam due to some procession at the abovesaid place and the bus stopped as a consequence at the abovesaid place and the conductor himself asked the passengers, who wanted to get down at the next bus stop, viz., Parrys Corner to get down at the said place itself. Further, according to the claimant, pursuant to the said suggestion of the conductor, just like certain other passengers including PW 2, he also got down towards the end, but, even before he could get down completely, the driver moved the bus and that is why he (injured) fell down and the left front wheel of the bus ran over him and, therefore, when he was subsequently taken to the hospital, his leg had to be amputated.

(3.) ON the above negligence aspect, the Tribunal below has found that the claimant alone was negligent and not the driver of the bus. In this regard, the relevant observations of the Tribunal below are as follows: (Omitted as in vernacular)