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2000 Supreme(SC) 1797

A.P.MISRA, RUMA PAL
Pallavan Transport Corporation – Appellant
Versus
M. Jagannathan – Respondent


JUDGMENT

A.P.Misra, J. , Pal Ruma, J.

(1) THIS appeal is by Pallavan Transport Corporation Ltd. challenging the order passed by High Court granting compensation to the claimant to the tune of Rs. 4,50,000 out of the claim of Rs. 6,00,000. The main contention on behalf of the appellant is, the High Court fell into error in coming to the conclusion that driver was negligent in driving the bus which met with an accident injuring the claimant. The other submission is, the grant of compensation is excessive.

(2) THE incident occurred on 21.6.1990 when the respondent travelled in a bus run by the appellant. The case of the appellant is, while the bus was proceeding .slowly during the traffic jam, the respondent attempted to get down from the bus and in the process injured his left leg which had to be amputated. The submission is, the claimant got down from the bus not at any bus-stop but when the bus was proceeding from the Flower Bazar Police Station towards Parrys Corner.

(3) THE respondent filed claim petition alleging when the bus was proceeding near Anderson Street bus-stop, because of traffic jam the bus stopped and then the conductor asked the




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