MANTHIRAL Vs. S.MARIMUTHU

JUDGEMENT

(1.) The appellant/complainant had filed M.C.O.P. No. 60 of 1999, on the file of Motor Accident Claims Tribunal, Subordinate Court, Udumalpet, against the respondent herein namely, Tamil Nadu State Transport Corporation and claimed compensation of a sum of Rs. 3,00,000/- with interest. It was submitted that on 08.07.1997, when the claimant was boarding the bus bearing Registration No. TN-37-N-0222 and while she was about to sit in the bus, the driver of the bus had suddenly started the bus in a rash and negligent manner. As a result, the claimant was thrown out from the bus and the rear wheel of the bus ran over her left leg. She sustained grievous injuries and took treatment in hospital. Hence, the claimant has filed the claim against the Transport Corporation. The Transport Corporation had filed counter statement and resisted the claim petition. The respondent stated that the claimant on seeing that her husband had not boarded the bus along with her, jumped out from the bus and as such she invited the accident. Further, the respondent denied the averments in the claim regarding age, income and occupation of the claimant.

(2.) On considering the averments of both parties, the Tribunal had framed two issues for consideration in the case namely:

(3.) On the side of the claimant, four documents were marked namely: Ex. P1-F.I.R.; Ex. P2-Motor Vehicle Inspector's Report; Ex. P3-Charge sheet and Ex. P4-Wound certificate. On the side of the respondent, one witness was examined as RW1 and no document was marked.