DIVISIONAL CONTROLLER Vs. KEMPAJAMMA

JUDGEMENT

(1.) THIS appeal is filed by KSRTC to set aside the impugned award, inter alia contending that claimant herself was guilty of negligence.

(2.) I have heard learned counsel for parties and perused the evidence and impugned judgment.

(3.) THE evidence of claimant that she was travelling in bus by standing on foot-board looks improbable as she was aged about 60 years at the time of accident. The evidence of claimant that she fell down from bus as the driver of bus abruptly stopped bus is opposed to laws of motion. The claimant has not stated the correct manner of accident. Even if claimant had fallen from bus, it looks improbable that her left foot was ran over by rear wheels of bus. The Tribunal without noticing these basic infirmities has answered issue No.1 in favour of claimant. The claimant has not examined any witness to prove the manner of accident.