BHASKARAN Vs. RAVINDRAN

JUDGEMENT

(1.) Petitioner in M.A.C.No.654 of 1981 of the M.A.C. Tribunal, Tellicherry has filed this appeal challenging the dismissal of the claim petition.

(2.) Appellant was injured in an accident involving bus K. L. C. 6832 at about 8.30 A.M. on 3-2-1981. His case is that the bus stopped at Koduvally bus stop and he boarded it, the bus moved about hundred yards and when it entered the Koduvally bridge it was driven in such a rash and negligent manner while giving way to another bus coming from the opposite direction that the bus collided with the pillar of the bridge and the appellant who was still on the foot board of the bus was injured. He claimed Rs.75,000/- from the driver, owner and insurer of the vehicle.

(3.) The driver and owner of the vehicle filed written statement admitting the accident in which appellant sustained injuries. According to them, bus did not stop at Koduvally junction as it had full complement of passengers and as the bus was proceeding slowly appellant in a reckless manner attempted to board the bus and hit against the rear left side of the bus, fell down and was injured. Bus did not dash against pillar of the bridge. The accident was the result of rashness and negligence on the part of the appellant and not of the driver of the bus. Insurer admitted existence of policy and supported the contentions of other respondents.