C R ANANTHAKUMAR Vs. M KULANDAIVELU

JUDGEMENT

(1.) THE above appeal has been filed by the appellant / claimant, against the award and decree dated 03.08.1994 made in M.A.C.T.O.P.No.436 of 1990 on the file of the Motor Accidents Claims Tribunal (Additional Subordinate Judge), Coimbatore.

(2.) THE short facts of the case are as follows:- On 13.03.1990, at about 04.30 p.m., when the petitioner was proceeding on his motorcycle on the Avinashi Raod, the respondent's bus bearing Registration No.KRP-369 came at a high speed in the opposite direction and dashed against the motorcyclist. In the result, he had sustained grievous injuries including bone fractures. Hence, the claimant has filed the claim petition against the respondents and claimed a compensation of Rs.10,00,000/- with interest.

(3.) ON pleadings of the parties, the Tribunal had framed two issues for consideration, viz.,:-