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.

JUDGMENT :

(R. POORNIMA, J.)

The appellant / 1^st 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 1^st 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 4^th respondent and insured with the 5^th 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 others were sustained multiple grievous injuries. The petitioner had sustained multiple injuries all over his body, including the fracture on left thigh, left leg and fracture on right leg.

(c) Immediately, the petitioner was taken to C.M Hospital, Namakkal, wherein, first aid given and then referred to Ganga Medical Center Hospital, Coimbatore. Accordingly, he was admitted on 16.06.2011 in the hospital for further treatment and was discharged on 03.08.2011 with advice to take further treatment. The petitioner again admitted for treatment on 11.10.2011 to 16.10.2011. On 12.10.2011, the petitioner undergo a major operation by removal of external fixator and Tube Cast application on the left leg. Further the petitioner was undergoing treatment as out patient. Accordingly, he continues his medical treatment till date.

(d) The petitioner further states that in spite of best medical treatment given to him, the injuries have not properly healed and normalcy of the petitioner not restored. There are deformities and disfiguration over the both legs. There is shortening of both legs, immobilization, etc., in the course of medical treatment, the petitioner had suffered severe pain and mental agony. So far, the petitioner spend a sum of Rs.10,00,000/- for medical expenditure. The petitioner undergo another major operation for removal of steel plates which will incur medical expenditure for more than Rs.2,00,000/-.

(e) Due to the accident, the petitioner unable to do any kind of work much less is normal day-to-day work is unable to walk stand, sit, squat, run as before. In the result grocery business totally stand still. The petitioner needs help for his day-to-day activities with support of another person throughout the lifetime.

(f) A criminal case has been registered against the first respondent driver in crime No.300/11 under section 279, 337, 338 IPC by the Sendamangalam Police.

(g) The petitioner was aged about 52 years at the time of accident and he was hale and healthy. He was running a grocery shop in the name and style of M/S.Lakshmi Maligai Shop at Thottiyam. The petitioner earning a sum of Rs.1,00,000/- per month. He is an income tax assessee. Because of the accident, the petitioner has completely thrown out of his avocation. He employed a person, viz., Balaji to manage the entire business. His monthly salary is Rs.15,000/- and hence, there is huge loss of money to the petitioner.

(h) The petitioner is entitled to claim compensation under the heads of loss of income, loss of earning capacity in future, pain and sufferings, transport, medical expenses, disfiguration, extra nourishment, permanent disability, personal attendance, and damages.

(i) The petitioner modestly estimate to Rs.60,00,000/- includes no fault liability under section 140 of the MV Act. The F