N VELU Vs. ANNA TRANSPORT CORPORATION

JUDGEMENT

(1.) THE claimant in the claim petition is the appellant. The challenge in this appeal is to the award of the Motor Accidents Claim Tribunal (I additional District Court) Salem, dated 30. 6. 1997, made in MCOP. No. 455/1995.

(2.) ACCORDING to the appellant, on 5. 12. 1992, he met with an accident, when he was getting down from the bus belonging the Respondent/ Corporation at about 10. 25 a. m. in the Salem Old Bus Stand. The appellant would contend that while the bus came to a halt in the bus stand and while he was getting down after two other passengers got down from the bus, the driver of the bus suddenly moved the bus with a jerk and because of that, he fell down, while the front wheel of the bus ran over his left leg. Due to the accident, his left leg had to be amputated below the knee. The appellant made a total claim for Rupees Three Lakhs.

(3.) THE Tribunal, relying upon the statement said to have been contained in the First Information Report, Ex. P1, took the view that even according to the appellant, he got down from the bus, when it was in motion and therefore, no negligence can be attributed to the driver of the bus in order to fasten higher liability. Ultimately, the Tribunal granted no fault liability of Rs. 12,000/- to the appellant. Assailing the said award, the learned counsel for the appellant brought to my notice the decision of the apex Court reported in 2004-2-LW-15 ( The Municipal Corporation of Greater, bombay Vs. Shri Laxman Iyer and another), wherein the apex court, while explaining "doctrine of last opportunity" has held as under:-