S.MANIKUMAR, M.VENUGOPAL
Tamil Nadu State Transport Corporation – Appellant
Versus
S. Gajendran – Respondent
S.Manikumar, J.
Challenge in this appeal is to the finding, fixing negligence on the driver of the appellant State Transport Corporation bus, bearing registration No.TN 32 N 3285, involved in the accident, causing multiple injuries to the respondent, later on found to have suffered permanent disablement, resulting in assessment of loss of future earning capacity. The Tribunal has awarded compensation of Rs.23,71,500/-, with interest at the rate of 7.5% per annum, from the date of claim till deposit, under various heads.
2. Facts of the case, as deduced from the material available on record, are as follows :
On 30.04.2011 about 19.00 hours, while the respondent was riding a motorcycle bearing registration No.TN 09 BF 8013, and proceeding at Kathipara Over Bridge, Guindy, Chennai, the appellant State Transport Corporation bus, bearing registration No.TN 32 N 3285, driven by its driver in a rash and negligent manner, dashed against the motorcycle and thereby, the respondent sustained grievous injuries, which resulted in amputation of his right leg below knee, fracture D12
Sitabai v. Ishak Hussain reported in I (2001) ACC 761 (DB)
Cholan Roadways Corporation Ltd., Kumbakonam v. Ahmed Thambi and Others
Raj Kumar v. Ajay Kumar reported in 2011 ACJ 1 (SC)
C. K. Subramonia Iyer vs. T. Kunhikuttan Nair -AIR 1970 SC 376
R. D. Hattangadi vs. Pest Control (India) Ltd. -1995 (1) SCC 551
Baker vs. Willoughby -1970 AC 467
Arvind Kumar Mishra v. New India Assurance Co.Ltd. -2010(10) SCALE 298
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