LAWS(MAD)-2004-12-29

M SURYAKUMAR Vs. MANI

Decided On December 02, 2004
M.SURYAKUMAR Appellant
V/S
MANI Respondents

JUDGEMENT

(1.) THE claimant in M. C. O. P. No. 236 of 1998 on the file of the Motor Accidents Claims Tribunal, Erode, is the appellant in the above appeal.

(2.) IN respect of the injuries sustained in a motor vehicle accident that took place on 5. 4. 1988, he prayed for a compensation of Rs. 25,000/ -. Before the Tribunal, the injured claimant was himself examined as P. W. 1, while the O. P. Chit issued by the Government Hospital, Erode was marked as Ex. P. 1 and the First Information Report was marked as Ex. P. 2. On the side of the Transport Corporation, the driver of the bus was examined as R. W. 1. The Tribunal, after holding that the claimant had failed to establish that the accident was caused due to the negligent act of the driver of the Transport Corporation bus and in the absence of any evidence to prove the disablement of the claimant, dismissed the claim petition. Hence the appeal.

(3.) HEARD the learned counsel for the appellant as well as the contesting second respondent-Transport Corporation.