C KUPPUSAMY Vs. SRI ELUMALAI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 9th April, 2007 passed by the Motor Accidents Claims Tribunal, Chengalpattu in M.C.O.P.No.197 of 2005 on the claim petition filed by the claimant/appellant which was allowed in part holding that the appellant is entitled to compensation of Rs.25,000/- only under -No-Fault Liability-.

(2.) THE facts of the case lie in a narrow compass:-THE claimant filed the aforementioned claim petition for the injuries sustained by him in a motor vehicle accident. THE appellant-s case was that on 27.7.2004 at about 9.00 a.m. while he was waiting at the bus stop, on the western side of the G.S.T.Road, the bus bearing Reg.No.TN-01-N-3399 belonging to the second respondent came from Guduvanchery and stopped at Perungalathur Bus Stop for collecting the passengers. THE appellant tried to board the bus, but, at that time, all of a sudden the driver of the bus drove the vehicle rashly without seeing the rear view mirror, as a result of which the appellant fell down and the left rear side wheel of the bus ran over on the left leg of the appellant and thus resulted in grievous injuries on his left leg. THE appellant-s case was that the accident took place solely due to the rash and negligent driving of the driver of the bus. Accordingly, he claimed compensation of Rs.20 lakhs.

(3.) WE have heard the learned counsel appearing for the appellant, as also the learned counsel appearing for the second respondent-Metro Transport Corporation, and perused the evidence, both oral and documentary, adduced by the parties.