NELSON Vs. M. D. , KSRTC

JUDGEMENT

(1.) Against the award in O.P. (MV) No.122 of 1994 on the file of the Motor Accident Claims Tribunal Punalur, this appeal is preferred by the petitioner. The petitioner filed the O.P. for grant of compensation on account of the injury sustained to him in a motor accident which occurred on 4th June 1992 at about 10.30 p.m. The petitioner was travelling as a passenger in the K.S.R.T.C. Bus No. KLX 4728.(S.140) from Kottarakkara to Kampancodu. When the bus reached at Cheruvalloor the driver of the bus took the vehicle to the extreme wrong side of the bus and on account of the same a branch of cashewnut tree hit on the face of the petitioner. Due to the accident, the petitioner sustained very serious injuries affecting his both eyes. The petitioner was treated as an inpatient in the Government Hospital, Kottarakkara. He was under treatment for one year. The petitioner was only 38 years old at the time of accident. He was a heavy vehicle driver earning an amount of Rs. 3000 per month. Due to the injuries sustained the petitioner is permanently disabled and unable to proceed with his job. The petitioner has claimed an amount of Rs, 65,000 as compensation from the respondents.

(2.) The respondents filed written statement contending that the petitioner sustained only minor injuries. "The accident happened due to the negligence of the petitioner since the petitioner laid his face on outside the body of the bus when it was moved.Therefore, the respondants are not liable to pay any compensation.

(3.) The evidence consists of the oral testimony of P.W. 1 and documentary evidence Exts. A - l:to A - 7. The Tribunal dismissed the petition on the ground that the injury sustained is due to the negligence of the petitioner.