The driver's responsibility for the accident and the assessment of compensation under the Motor Vehicles Act.

The above Civil Miscellaneous Appeal has been filed by the appellant/respondent against the Award and Decree, dated 30.03.2007, made in M.C.O.P.No.47 of 2006, on the file of the Motor Accidents Claims Tribunal and Principal Sub Judge, Virudhachalam, awarding a compensation of Rs.1,11,700/-with 7.5% interest per annum from the date of the petition to till the date of deposit of the compensation.

2. Aggrieved by the above said award, the appellant/Tamilnadu State Transport Corporation Ltd., has preferred the above appeal to set aside the order.

3. The short facts of the case are as follows:

On 06.02.2006, at about 22.30 hrs, the petitioner, who is a coolie, aged about 18 years, proceeding by walk at Tholar Kaikatti Bus stop. While so, the respondents bus bearing registration No.TN32 N2226, driven in a rash and negligent manner dashed against the petitioner. As a result of the accident, the petitioner sustained the following grievous injuries as also bone fracture over head.

i)Front temporal parietal EDH conservative,

ii)Frontal bone fracture (Temporo parietal bone),

iii)Frequently, becoming unconscious and head ache,

iv)Injury over head and scalp,

v)Injury over mid brain and

vi)Injury over both knee,

4. Initially, he was treated at Government Hospital, Vriddhachalam and referred to Government Head Quarters Hospital, Cuddallore and again referred to Government General Hospital, Chennai. For the above said injuries, disability, pain and suffering, treatment expenses, nourishment, loss of income, loss of consciousness and mental absence, the petitioner has claimed a compensation of Rs.2,00,000/- against the respondent under Section 166(1) of Motor Vehicles Act.

5. The respondent is the owner of the bus and the Transport Corporation is vicariously liable to pay the compensation.

6. The Pennadam Police Station, Cuddalore District registred a criminal case of the said accident in Crime No.14/2006.

7. The respondent/Tamil Nadu State Transport Corporation Ltd., in its Counter has resisted the claim stating that the driver of the respondent drove the vehicle with due care and caution and observing traffic rules and that he was not rash and negligent. The driver of the respondents bus bearing registration No.TN32 N2226 had driven in a careful and diligent manner on the left side of the road with normal speed from Tittagudi to Chennai. On 07.02.2006, at 10.30 p.m. while the bus was going near Tholarkaikatti, the driver noticed the petitioner, who got down from the moving town bus on route No.T4 coming in the opposite direction and crossed the road from rightside to theleftside all of a sudden without minding the oncoming vehicles. On seeing him, the driver of this respondent immediately applied brake and stopped the bus to avoid accident. But, in spite of the best efforts taken by the driver, the petitioner by himself touched the bus on its front right corner by his own fault. Thus, the accident occurred only due to the carelessness and negligent act of the petitioner. The respondent further does not admit the age, occupation and monthly income and the nature of the alleged injuries sustained by the petitioner, the period of treatment, medical expenditure and percentage of disability suffered. Further, the amount claimed by the petitioner is excessive and disproportionate to the loss caused due to the accident and injuries. Further, the double compensation claimed by the petitioner under both the heads of permanent disability and loss of earning capacity is not admissible. Further, the amount claimed for permanent disability, Transport, extra nourishment and damages to clothing were also not admitted.

8. The Motor Accident Claims Tribunal framed two issues for the consideration namely:

.(i) Whether the driver of the respondent Corporation bus was responsible for the accident? Is the respondent liable to pay compensation?

.(ii) What is the quantum of compensation, which the petitioner is eligible to get?

9. On the petitioner