MANAGING DIRECTOR KUMBAKONAM Vs. RAVI

JUDGEMENT

(1.) THE appeal is preferred by the Transport Corporation-appellant against the Award, dated 07.12.2001, made in MCOP No,56 of 2001 on the file of the Motor Accidents Claims Tribunal (Additional District Judge) at Nagapattinam.

(2.) BACKGROUND facts in a nutshell are as follows: The injured was met with an accident on 11.02.2001 at about 13.30 hours. While the claimant was boarding in the bus bearing Registration No.TN 49 N 0969 belonging to the appellant-Transport Corporation, the claimant lost his balance and fell down and sustained grievous injuries. Immediately, the injured was taken to the Government Hospital, Mannargudi. After first aid treatment, the claimant was referred to Thanjavur Medical College Hospital, Thanjavur. But, he was admitted as inpatient in the Vinodhagan Memorial Hospital, Thanjavur. He claimed a sum of Rs.5,00,000/- as compensation. The appellant-transport Corporation resisted the claim. On pleadings the Tribunal framed the following issues:-

(3.) HEARD the counsel. The respondent-claimant himself has examined as P.W.1 and Dr. Rajagopal was examined as PW2 and the documents Ex.P.1 to Ex.P.12 were marked. Ex.P.1 is the attested copy of the First Information Report, Ex.P.2 is the returned Xerox copy of the petition, Ex.P.3 is the Wound Certificate, Ex.P.4-Series are the Discharge Cards, Ex.P.5-Series are the Medical Bills, Ex.P.6-series are the receipts of the Doctor, Ex.P.7-Series are the Trip Sheets, Ex.P.8-Series are the Fitness Certificates, Ex.P.9 is the copy of the Share Document, Ex.P.10 is the xerox copy of the Partnership Deed, Ex.P.11 is the X-Ray and Ex.P.12 is the Wound Certificate. On the side of the appellant -Transport Corporation, no one was examined and no documents were marked to substantiate their claim. After considering the above oral and documentary evidence, the Tribunal had given a categorical finding that the accident had occurred only due to the rash and negligent driving of the driver of the bus and the finding is based on valid materials and evidence.