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2012 DIGILAW 3053 (MAD)

Tamil Nadu State Transport Corporation v. R. Gopalakrishnan

2012-07-17

P.DEVADASS

body2012
Judgment 1. In this appeal, the Transport Corporation disputes the negligence question and also the quantum of compensation awarded by the Tribunal. 2. According to the learned counsel for the appellant, the tempo van driver has also contributed to the accident. Further, the rate of disability and the quantum of compensation awarded are on the higher side. 3. However, the learned counsel for the first respondent/claimant would contend that there was no evidence on the side of the appellant. It is a case of complete amputation of leg. In fact, what was awarded is less. 4. On 04.09.1998, in the early morning, when the tempo van came driven by the second respondent, the Corporation bus came driven from the opposite side dashed against the van and in this, the second respondent sustained multiple injuries. A complaint has been lodged against the bus driver. The evidence of the claimant P.W.1 disclosed that at the time of accident, the bus driver came driven the bus in a rash and negligent manner. However, as against this, there was no evidence on the side of the appellant. Under the circumstances, the Tribunal concluded that the bus driver was responsible for the accident. We concur with the finding of the Tribunal. 5. At the time of accident, the injured was about 22 years old. He was a driver. The medical evidence disclosed the enormity of the injury sustained by him. It is a fact that in view of the injury, his right leg was amputated. There was an injury on the other side of his leg also. He was hospitalised for 5 months. He underwent surgery twice. In the circumstances, P.W.2, the Doctor, determined his disability with reference to both the legs totally at 90%. The Tribunal had taken into account Rs.2,100/- as monthly income for the injured driver and calculated the compensation amount accordingly. In view of the disability, he could not hereafter drive a vehicle. He suffers functional disability. In the circumstances, the quantum of compensation does not appear to be excessive. 6. In the result, the Civil Miscellaneous Appeal is dismissed. The award of the Tribunal is confirmed. The 1st respondent is permitted to withdraw the balance amount by filing a petition before the Tribunal. Consequently, the connected Miscellaneous Petition is closed. No costs.