KRISHNAKUMAR Vs. MADHU

JUDGEMENT

(1.) The claimant in a proceedings for compensation before the Motor Accidents Claims Tribunal has come up in this appeal challenging the decision of the Tribunal in dismissing the claim petition.

(2.) The claim petition was filed stating that the claimant was proceeding to Thodupuzha from Coimbatore on 05.06.2009 in a tempo traveller driven by the first respondent; that he alighted from the vehicle for passing urine in the course of the journey when the vehicle stopped for a while near Amballoor in Thrissur district; that the first respondent took the vehicle forward abruptly while he was mounting back on the vehicle and that, as a result, he fell down on the road and the rear left wheel of the vehicle rolled over his left leg, causing serious injuries to him including fracture of the bones of one of his lower limbs. The case set out in the claim petition, in the circumstances, was that the accident occurred on account of the negligence of the first respondent and the claimant is, therefore entitled to compensation from the owner, driver and insurer of the tempo traveller. The claim petition was contested by the insurer of the vehicle contending, among others, that the vehicle was not involved in any accident on the relevant day and that the injuries claimed to have been sustained by the claimant are not the injuries caused on account of any motor accident. The Tribunal found that the claimant has not established that the injuries claimed to have been sustained by him as pleaded are injuries caused on account of any motor accident, and consequently dismissed the claim petition. As noted, the claimant is aggrieved by the said decision of the Tribunal.

(3.) Heard the learned counsel for the appellant as also the learned counsel for the insurer.