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2016 Supreme(Mad) 2416

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. SATHYANARAYANAN, J.
S. Krishnaswamy - Petitioner
Vs.
The State of Tamilnadu, rep by The Secretary to Government, Home Department,-Respondents
W.P.No.40800 of 2002
Decided On : 02-08-2016

Advocates Appeared:
For the Appellant : Mr. T.M.Hariharan
For the Respondent:Mr. S. Pattabiraman Government Advocate for R1 and R2. Mr.T. Chandrasekaran for R3 and R4.

Headnote:

TNPPD Act - Section 3(1) - Constitution of India,1950 - Article 21 - Admitted as an inpatient - Petitioner had to return to Madurai on and therefore on he boarded a bus bearing belonging to Tamil Nadu State Transport Corporation by purchasing a ticket by paying a sum of amount - Petitioner also enquired with State Transport Corporation officials as to whether bus from Coimbatore to Madurai would reach Madurai safely - Depot officials assured that there would not be any problem and passengers would be taken safely to their destinations and so also stated by driver and conductor of said bus - Petitioner on strength of assurance given by depot officials as well as driver and conductor of bus boarded the bus and he sat on first seat just behind driver seat and bus commenced journey from Coimbatore - Held, Petitioner at time of accident was aged about years and as per the certificates issued by Eye Hospital he lost the eye sight of his left eye and is having a disability - Series of medical bills enclosed in typed set of documents would disclose that the petitioner had incurred a sum of by way of medical expenses and as per his additional affidavit he was admitted as an inpatient in Eye Hospital from followed by several other visits and short spells of treatment and also admitted as an in-patient - Writ Petition is disposed of

ORDER :

The petitioner would state that he is an employee of The Vysya Bank Limited and have been working as ALPM Operator and was residing in Room No.52, Hotel Sri Vigneswara, Dhanappa Mudali Street, Madurai-625001. The petitioner would further state that his family members are living in Door No.19/27 (O), Radhika Avenue, P N Pudur, Coimbatore and he used to visit his family on Saturday nights and return to Madurai on Sunday night every week. According to the petitioner, on 30.06.2011, he came to Coimbatore to spend time with his family members and at that juncture, the former Chief Minister of Tamil Nadu Thiru. M. Karunanidhi was arrested and it was widely reported through press and visual media. The Dravida Munnetra Kazhagam [DMK] party had also called for Bandh on 02.07.2001. However, the State Government has specifically published in newspapers indicating that buses and other vehicles would ply between 6.00 a.m. and 06.00 p.m. on the said date.

2. The petitioner had to return to Madurai on 02.07.2001 and therefore, on 01.07.2001, he boarded a bus bearing Reg. No. TN 33 N 0912 belonging to the Tamil Nadu State Transport Corporation by purchasing a ticket by paying a sum of Rs.45.25p. The petitioner also enquired with the State Transport Corporation officials as to whether the bus from Coimbatore to Madurai would reach Madurai safely. The depot officials assured that there would not be any problem and the passengers would be taken safely to their destinations and so also stated by the driver and conductor of the said bus. The petitioner, on the strength of the assurance given by the depot officials, as well as driver and conductor of the bus, boarded the bus on 01.07.2001 and he sat on the first seat just behind the driver seat and the bus commenced the journey from Coimbatore at about 6.30 p.m. and was scheduled to reach Madurai between 11.30 p.m. and 12.00 midnight.

3. When the bus had crossed Paravai, which lies in the outer periphery of Madurai and falls within the jurisdiction of Samayanallur Police Station, at that juncture, a big stone pierced through the windshield of the bus and directly hit the petitioner on his left eye and as a result, his left eye ball came out with lot of pulp and caused injury around his left eye and cheek. The bones around his eye and left check were fractured and his left eyelid was torn and there was also profuse bleeding and as a consequence, the petitioner suffered excruciating pain and almost on the verge of collapse. On account of the said stone throwing, another passenger also sustained head injury and immediately, the bus was halted and according to the petitioner, two persons who were riding a Bajaj M-80 motorcycle bearing No. TN 65 3722 had thrown the stone on the bus, causing the said incident.

4. The petitioner was immediately taken to Jawahar Hospital, K.K. Nagar Main Road, Madurai and was admitted as an inpatient and given first aid and a C.T. Scan was also taken and he was informed that the eye surgeon would visit the hospital on the next day. The friends and relatives of the petitioner, on seeing the precarious condition of the petitioner, took him to Aravind Eye Hospital, Madurai and he was examined by a team of eye doctors/surgeons and they formed an opinion that the optic nerve was totally damaged and there is Traumatic Globa Rupture called Lid pore and other injures.

5. The petitioner was admitted as an in-patient in Aravind Eye Hospital, Madurai and surgery was done on 02.07.2001 and his left eye was removed and in that place, temporary dummy eye has been fixed and since the petitioner has suffered extensive injury on the left cheek as well as on the eyebrow, his face was also disfigured and developed persistent head ache and became tired within a short period. The petitioner continued to suffer severe pain and pressure on the backside of his head even after his discharge from Aravind Eye Hospital and he came to Coimbatore, but was unable to swallow food. The petitioner was a


















































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