IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 MACA.No. 1224 of 2005(B) ----------------------- OPMV.504/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT ----------------------- THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. BY ADV. SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC SHRI.JOHNSON P.JOHN, SC, KSRTC RESPONDENT(S)/PETITIONER & 1ST RESPONDENT: ------------------------------------------------------------- 1. T.P.NARAYANAN, S/O.KUNHAMBU, 58 YEARS, THAZHE PURAYIL HOUSE, BLATHUR, P.O.KALLYAD, THALASSERY. 2. P.SASIDHARAN, S/O.PERUMAL, PUTHUVAL HOUSE, N.S.DEPOT, VALLAKKADAVE, THIRUVANANTHAPURAM. ADV. SRI.K.C.SANTHOSH KUMAR FOR R1 SMT.K.K.CHANDRALEKHA FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1224 OF 2005 = = = = = = = = = = = = = = = Dated this the 9th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thalassery in O.P.(MV)504/99. The claimant, a 58 year old man while attempting to alight from the bus it is averred that the driver moved the bus in a rash and negligent manner resulting in the fall of the claimant thereby he sustained injuries. Learned counsel for the Corporation would contend before me that the Police has referred the case and therefore negligence cannot be attributed on the driver of the bus. It is the duty of the crew of the bus to take a passenger safely to the destination and the driver and conductor are expected to take reasonable care and the conductor should not give signal to move the bus before the passenger has alighted from the bus. The claimant was only a poor passenger and he has not jumped out of the bus but he had fallen down for the reason that the vehicle moved in the process of alighting. Therefore I find M.A.C.A. 1224 OF 2005 -:2:- that the negligence is on the part of the crew of the bus. So far as the claimant is concerned the claimant has sustained lacerated wounds on the forehead and he had also lost two teeth in the accident and he had undergone treatment for 11 days in the hospital from 5.10.1997 to 16.10.97 and wounds necessitated suture as well. The Tribunal has only awarded him a very reasonable compensation of Rs.17,200/- including the loss of teeth which cannot be said to be on the higher side. I do not find any ground to interfere with the said award rendered by the Tribunal and hence the appeal lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-