K.B.VENUGOPALAN NAIR Vs. SUNIL K MANOHARAN

JUDGEMENT

(1.) The claimant in an application for compensation before the Motor Accidents Claims Tribunal has come in this appeal, challenging the decision of the Tribunal in dismissing the application.

(2.) The case of the claimant is that on 29.12.2004, while he was travelling in the bus bearing registration No.KL -7/R - 7779 from Ernakulam to Kottayam, he sustained dislocation of his right shoulder and a few other injuries on account of the sudden application of brake by the third respondent, the driver of the vehicle. A sum of Rs.41,000/ - was claimed by him, in the circumstances, by way of compensation.

(3.) Respondents 1 and 3 did not contest the application. The second respondent, the insurer of the vehicle, contested the application on all grounds, after obtaining permission of the Tribunal under section 170 of the Motor Vehicles Act. The essence of the contention of the second respondent was that the accident occurred due to the negligence of the petitioner in not properly holding on the iron bars provided inside the bus for the passengers.