JAYAKUMAR Vs. JOSE KURIAKOSE

JUDGEMENT

(1.) THE short facts of the case are as follows:- The appellant / claimant had filed a claim petition in M.C.O.P.No.99 of 2005 against the respondents herein, on the file of the Motor Accidents Claims Tribunal, Principal Subordinate Judge, Thanjavur and claimed compensation a sum of Rs.1,00,000.00 with interest, stating that the claimant was travelling in the first respondent bus on 28.05.2004. While the bus was proceeding from Alangudi to Kumbakonam at about 9.45 a.m., the driver of the bus had driven the bus in a rash and negligent manner and dashed against the roadside pavement. In the result, he was rolled inside the bus due to loss of his control, as such, he had sustained grievous injuries. Hence, the claim petition has been filed.

(2.) THE second respondent / Insurance Company had filed a counter statement and resisted the claim petition. The respondent denied that the claimant was not travelling in the said bus. Further, the respondent denied the nature of injuries, mode of treatment and period of treatment. The respondent further denied the age, income and occupation of the claimant. The bus was not insured with the Insurance Company. Hence, the respondent had entreated the Court to dismiss the claim petition.

(3.) P .W.1 had adduced evidence that on 28.05.2004, he was travelling in the first respondent bus from Alangudi to Kumbakonam. While the bus was nearing Maravar Street and at that point of time, the driver had driven the bus in a rash and negligent manner and dashed against the pedestrian, in the result, the vehicle was capsized. P.W.1 further stated that he had sustained injuries all over his body and became unconscious and the villagers who were at the occurrence place had rushed him to the hospital at Kumbakonam, wherein he had been administered first aid, then he went to his residence. Thereafter, he received further treatment at Thanjavur Medical Hospital, wherein he was an inpatient for a period of a couple of days. Subsequently, he underwent treatment as an outpatient. Supporting his contention, he had marked the above mentioned documents.