A.S.VENKATACHALA MOORTHY, S.R.SINGHARAVELU
Ravichandran – Appellant
Versus
The Managing Director, Pallavan Transport Corporation Ltd. – Respondent
A.S.VENKATACHALAMOORTHY, J.
The Claimant in M.C.O.P.No.1041 of 1993 on the file of Motor Accident Claims Tribunal (V Judge, Court of Small Causes), Madras has filed the above appeal claiming enhanced compensation.
2. The appellant herein filed the claim petition under Sections 166 etc., of Motor Vehicles Act and the rules framed thereunder contending that on 24.11.1992 at about 5.30 p.m., at the bus stop when he was getting into the bus (route No.19K) and in that process was standing in the footboard, the driver suddenly drove the bus in a rash and negligent manner and overtook a stationary lorry very closely and at that time the appellant/Claimant was hit by the said lorry, as a result of which the Claimant sustained grievous injuries i.e, fracture of ribs and also injury on his hands, etc. According to the Claimant, he was operated and the spleen was also removed. The appellant/Claimant claimed a total compensation of Rs.1,00,000/- under various heads.
3. The respondent herein resisted the said petition denying the very accident itself on 24.11.1992 involving the Pallavan Transport Bus plying with route No.19K and bearing registration No.TML 3638. Further it is contended
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