N RAJA Vs. M RANGARAJ

JUDGEMENT

(1.) THE unsuccessful petitioner before the Tribunal, whose petition under Section 166 of the Motor Vehicles Act was dismissed, has come forward with this appeal under Section 173 of the Motor Vehicles Act.

(2.) ALLEGING that the petitioner met with an accident on 10.05.1998 at about 12.15 hours near Mani High School Bus Stop, Kuppusamy Naidu Hospital, Coimbatore City as the bus bearing Registration No.TN 38 N 0565 belonging to the second respondent Transport Corporation hit the unregistered scooter in which the petitioner was proceeding and that the appellant/petitioner sustained grievous injuries leading to permanent disability and the consequential loss of earning capacity, the appellant/petitioner made a claim of Rs.2,00,000/- as compensation from the respondents herein in their capacities as the driver and owner of the above said offending vehicle.

(3.) AT the conclusion of trial, the Tribunal heard the arguments advanced on either side, considered the evidence brought before it, in the light of the said arguments and came to the conclusion that the appellant/petitioner failed to prove that the bus bearing Registration No.TN 38 N 0565 belonging to the second respondent was the vehicle which caused the accident on 10.05.1998 at 12.15 hours in which the appellant/petitioner allegedly sustained the injuries. Based on the said finding, the Tribunal dismissed the claim petition in its entirety however, without costs.