Contributory negligence to be fixed on passengers travelling on the footboard of the bus and thus leading to accidents: Madras High Court
The Madras High Court passed an judgement on 28th of April, 2023 in which it reduced the compensation offered by the trial court to a minor who got hurt while travelling on the footboard of a bus on the basis of contributory negligence. This was seen in the case of Tamil Nadu State Transport Corporation and Ors. v. P. Saravanan (C.M.A(MD)No.441 of 2023 and C.M.P(MD)No.5465 of 2023) and the case was presided over by The Honourable Mr. Justice N. Sathish Kumar
FACTS OF THE CASE:
The appellant filed an appeal challenging the liability and quantum established by the trial court. The injured, 15 years, was travelling in the bus of the to the appellant. When the bus slowed down to cross a speed breaker, the minor on the footboard fell down from the bus and sustained grievous injuries. Compensation was claimed through the order of the trial court. Hence this appeal.
JUDGEMENT:
The counsel for the appellant contented that the bus was proceeding in a normal speed, but the respondent travelled in the foot-board despite the warning given by the Conductor.
The learned single judge after listening to the contentions of both parties, imposed a 10% contributory negligence on the respondent. It also reduced the compensation offered by the trial court from Rs.7,39,310.50/- to Rs. 6,53,000/- with interest at the rate of 7.5%p.a. on the basis of contributory negligence.
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JUDGEMENT REVIEWED BY SWETA SHOUMYA