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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN, R.POORNIMA, JJ
Managing Director, K.S.R.T.C. K.H. Road, Bangalore – Appellant
Versus
S. Ramanathan – Respondent
JUDGMENT :
(R. POORNIMA, J.)
The appellant / 1st respondent / Transport Corporation has filed this Civil Miscellaneous Appeal against the fair order and decreetal order dated 26.08.2020 passed in M.C.O.P.No.214 of 2013 by the Motor Accident Claims Tribunal, III Additional Subordinate Court, Tiruchirappalli.
2. Brief facts of the petition filed by the claimant before the Tribunal are as follows:
(a) The petitioner was travelling as a passenger in the bus bearing Registration No.KA 01 F 8397 belonging to the 1st respondent while the bus was nearing Bhudhan Chandai over bridge, the driver of the bus drove the bus in rash and negligent manner with the hectic speed, and unable to control the steering and dashed behind the Lorry bearing Registration No.KA 01 B 4667 belonging to the second respondent and insured with the third respondent. Immediately, after the accident, a Van bearing registration No.AP 03 X 4564, belonging to the 4th respondent and insured with the 5th respondent which was also coming on the same direction and dashed behind the bus. The accident occurred due to the rash and negligent driving of the above three vehicles.
(b) As a result of which, the petitioner and several ot
The court affirmed the Tribunal's decision, holding the first respondent solely liable for the accident and upholding the compensation awarded as just and reasonable.
Court emphasized the need for careful assessment of permanent disability and loss of earning capacity while determining compensation in accident cases.
The court upheld the Tribunal's finding of negligence by the bus driver, affirming a substantial compensation award for the severely injured petitioner, indicating the importance of thorough evidence....
The court established that the petitioner suffered 100% functional disability due to negligence in a vehicular accident, warranting enhanced compensation of Rs.35,42,058.
Compensation for injuries must be just, reflecting the actual impact on earning capacity post-disability, as established by guidelines which necessitate careful consideration of the claimant's specif....
The assessment of permanent disability must be based on credible medical evidence to ensure just compensation for loss of earning capacity.
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