Liability for the accident and calculation of compensation amount

This appeal has been filed by the appellant/first respondent against the decree and judgment dated 07.01.2004 passed in MCOP No.264 of 2002 on the file of Motor Accident Claims Tribunal/Subordinate Court, Krishnagiri awarding a compensation of Rs.85,525/- together with interest at the rate of 9% per annum from the date of filing the petition till date of payment of compensation.

2. The respondent/claimant has filed the claim petition claiming a total compensation of Rs.1,88,000/- and has restricted the same to a sum of Rs.1,00,000/-. Aggrieved by the award passed by the Tribunal, the appellant/State Transport Corporation has preferred this appeal before this Court.

3. The short facts of the case are as follows;-

On 112. 1999, the petitioner was travelling in the corporation bus bearing registration No.TN-27-0588, to go to Salem. At about 5 p.m. the driver of the said bus, drove the bus at a great speed, in a rash and negligent manner, without observing Traffic rules and dashed against a lorry bearing registration No.KA-40-5500, which was returning to Hubli from Pallipalayam, after unloading empty cylinders as a result of which, the petitioner who was in the bus sustained injuries on his upper hip and teeth. The petitioners mouth got smashed and two teeth were broken. The petitioner was immediately taken to L.K.G. Hospital, Erode, for treatment. There, he underwent treatment as inpatient for a period of 10 days.

At the time of accident, the petitioner was hale and healthy and his age was 22 years, and he was working in a private school at Palacode as a teacher and drawing a sum of Rs.1,500/- per month. The petitioner, after undergoing treatment as inpatient in the hospital had continued treatment for three months as outpatient. Due to this accident, he has incurred a lot of miscellaneous expenditure. The petitioner further submitted that due to fracture of hip and loss of his teeth, his original physical appearance and his face has been disfigured. As such, he lost better marital alliance. The doctor had also advised him to replace his teeth. The accident had occurred due to rash and negligent driving of the bus driven by its driver bearing registration No.TN-27-N-0588. Since the bus dashed against the lorry bearing registration No.KA-40-5500, hence, the owner of the lorry and its insurer, national insurance company are also ordered as formal parties for proper adjudication of the claim petition. Regarding this accident, a criminal case was registered by Magudanchavadi police station in Cr.No.1148 of 1999 on an alleged offence under Sections 279 and 337 of IPC.

4. The first respondent/State Transport Corporation has filed counter statement and opposed the claim made by the petitioner. The respondent denied that the petitioner had been a passenger in the bus. The driver of the bus had driven the vehicle with normal speed, but the lorry which had been driven by its driver in a rash and negligent manner. As such the first respondent is not responsible for the accident and is not liable to pay compensation to the petitioner. The respondent does not admit the age, occupation and income of the petitioner. Further, the respondent denies that the petitioner was a teacher in a private school. Due to this accident, the petitioners normal life has not been affected. The petitioners claim of Rs.1,00,000/- is too high.

5. The third respondent/National Insurance Company Limited, has filed the counter statement and opposed the petitioners claim. On the date of and time of the accident, the driver of the lorry, bearing registration No. KA-40-5500 had driven the vehicle with due care. The driver of the bus had driven the vehicle in a rash and negligent manner and dashed against the lorry. The third respondent also has denied the age, occupation and income of the petitioner.

6. On the side of the respondent/claimant, 4 witnesses were examined and 9 documents were marked. On the side of the respondent, two witnesses were examined as RW