PETHANNA Vs. P.KRISHNASAMY

JUDGEMENT

(1.) The injured claimant has filed this Civil Miscellaneous Appeal seeking enhancement of compensation. The main ground raised in this appeal is that 50% negligence fixed on the injured claimant and thereby reducing the Compensation to that extent by the Tribunal, is not sustainable.

(2.) As per the averments in the claim petition, on 8/5/2010, at about 01.00 P.M, the claimant boarded in the TNSTC Bus at Erode bearing Reg.No.TN-33-N-1821 and when he tried to get down from the said bus at Savidipalayam Pudur, Maligai Kadai Bus stop, the 1st respondent moved the bus even before the claimant got down from the bus. Due to which, the claimant fell down from the bus and sustained fracture and bleeding injuries. Therefore, the claimant filed MCOP No.414 of 2010 seeking compensation for a sum of Rs.10,00,000.00.

(3.) Before the Tribunal, P.W.1 to P.W.4 were examined on the side of the claimant and twenty one (21) documents were marked as Exs.P1 to P21. On the side of the respondents, no oral evidence was let in, but one document was marked as ExR1 on the side of the Transport Corporation.