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Judgment
C.S. Karnan, J.—On 18.03.2004, at about 2.30 p.m., the claimant was travelling in the Transport Corporation Bus bearing Registration
No. TN-37-N-0618, on the Thiruppur Main Road and the bus was stopped at Nallur bus stand, in order to facilitate passengers to alight, when
the petitioner was in the process of alighting, the driver of the bus had suddenly moved the bus. As a result, he had lost his balance and fallen down
on the floor. As a result, he had sustained bone fracture injuries. Hence, the claim petition has been filed against the Transport Corporation. The
Transport Corporation in his counter has opposed the averments in the claim. The respondent denied that the bus was involved in the accident.
Further, the averment in the claim regarding age, income and occupation of claimant was not admitted.
On considering the averments of both parties, the Tribunal had framed two issues namely: (1) Whether the accident had been caused by the rash
and negligent manner by the driver of the bus? and (2) Whether the claimant is entitled to get compensation? If so, what is the quantum of
compensation and from whom is he entitled to get compensation?
On the side of the claimant, two witnesses were examined and 12 documents were marked namely: F.I.R.; Discharge medical summary;
Medical bills; Letter from Electricity Board; Hospital records issued by two hospitals; X-ray; and Disability Certificate. On the side of the
respondents, the driver was examined as RW1 and no document was marked.
PW1, had adduced evidence that on 08.03.2004, at about 2.30 p.m., when he was travelling in the Transport Corporation Bus bearing
Registration No. TN-37-N-0618, on the Thiruppur Main road and while the bus was stopped at Nallur Bus stop in order to facilitate passengers
to alight and when the petitioner was in the process of alighting, the driver of the bus had started it suddenly and as a result, he had fallen down.
PW1 further stated that he had sustained bone fracture injuries and had undergone treatment initially at TSK Hospital and later at Richmond
Hospital, Coimbatore, wherein a surgical operation had been conducted. He deposed that he had spent a sum of Rs. 1,10,549/- for medical
expenses. PW2, Doctor had assessed the disability at 26% and he had adduced evidence that a surgical operation had been conducted on the left
leg of PW1 and steel rod was fixed in the operated area. RW1, had adduced evidence that on that day, the bus driven by him had not been
involved in any accident and he was informed by the police, after 40 days that he had committed the accident.
The highly competent counsel for the claimant argued that the claimant had undergone treatment for 13 days, as an inpatient at Richmond
Hospital, Coimbatore, wherein a surgical operation was conducted on his left leg and steel rod was fixed. The claimant had spent a sum of Rs.
1,10,549/- towards medical expenses and the same had been proved after marking medical bills as Ex. P4. The Tribunal had not granted adequate
compensation under the relevant heads namely disability, pain and suffering, transport, nutrition, attender charges and loss of amenities.
On verifying the facts and circumstances of the case and arguments advanced by the learned counsel on either side and on perusing the
impugned award of the Tribunal, this Court does not find any infirmities in the conclusions arrived at regarding negligence, liability and quantum of
compensation. This Court is of the further view that the F.I.R. has been registered against the driver of the bus, under the ground of negligence and
the claimant had spent a sum of Rs. 1,10,549/- towards medical expenses and he had undergone a surgical operation on his left leg as is seen from
the evidence of the claimant. Therefore, this Court is not inclined to entertain the above appeal as necessary issues have been framed by the
Tribunal and all the issues have been decided in an appropriate manner. Hence, the award is confirmed.
This Court directed the appellant to deposit the entire compensation amount, with interest. Now, this Court permits the claimant to withdraw the
entire compensation amount with interest, lying in the credit of M.C.O.P. No. 927 of 2004, on the file of Motor Accidents Claims Tribunal, 1st
Additional Subordinate Court, Coimbatore, after filing a memo along with a copy of this order. In the result, the above Civil Miscellaneous Appeal
is dismissed. Consequently, the Award and Decree, passed in M.C.O.P. No. 927 of 2004, dated 02.02.2007, on the file of the Motor Accidents
Claims Tribunal, 1st Additional Subordinate Court, Coimbatore, is confirmed. No costs. Consequently, connected miscellaneous petition is closed.