LAWS(MAD)-2007-10-135

SUPERINTENDENT OF POLICE Vs. DISTRICT COLLECTOR

Decided On October 24, 2007
DISTRICT COLLECTOR, SALEM DISTRICT Appellant
V/S
P.MOHAN Respondents

JUDGEMENT

(1.) THIS appeal is focussed as against the judgment and decree dated 20. 04. 2004 made in M. C. O. P. No. 132 of 2001 on the file of the Motor Accident claims Tribunal - Sub Court, Karur.

(2.) THE facts giving rise to the filing of this appeal as stood exposited from the records could be portrayed thus: the quintessence of the case of the claimant before the Tribunal is that while he was travelling as a pillion rider on Yamaha two wheeler driven by his friend Subash along the declivitus slope i. e, downhill from Yercaud - Salem main road, the bus belonging to the appellants herein, was negotiating along the acclivitus slope i. e, uphill in the opposite direction and while negotiating a turn, the driver of the bus took a wrong turn in a rash and negligent manner and dashed as against the two wheeler and caused grievous injuries to the claimant, the pillion rider, which necessitated him to take prolonged treatment as he sustained two fractures to wit left leg thigh bone and lower leg bone fractures, and simple injury also.

(3.) PER contra, the driver of the bus would contend that he was properly driving the vehicle upwards from Salem to Yercaud and while he was making a turn, the two wheeler came in the opposite direction in a rash and negligent manner and dashed as against the side of the bus so to say, rear back wheel of the bus and caused the accident.