The main legal point established in the judgment is the importance of clear proof and employer's evidence in determining compensation in motor accident cases.

The civil miscellaneous appeal has been filed by the appellant/respondent against the decree and judgment passed in MCOP No.308 of 2001 dated 22.04.2004 awarding a compensation of Rs.3,00,000/- together with interest at the rate of 9% per annum from the date of filing the application till date of payment of compensation.

2. The short facts of the case are as follows:

The petitioner/claimant, D. Kristina Sahaya Marry was working as a P.G. Assistant Teacher in St. Michaels Higher Secondary School at Gingee. On 13.01.1999, at about 09.15 a.m., when the petitioner was travelling in TVS 50 Champ bearing registration No.TN-32-8771 from Ezhusempon village towards Siruvaalai road, respondents corporation bus bearing registration No.TN-31-N-0395 came from opposite direction driven by its driver with high speed and rash, negligent manner, dashed against the petitioners vehicle. In the result, she fell down and had sustained fractures on her left ankle and multiple grievous injuries all over the body. Immediately, she was admitted in the Government General Hospital at Villupuram. From there, she was referred to Government General Hospital in Pondicherry. Due to the accident, she was hospitalised for three weeks as inpatient. She lost her income, life style, progress and inability to walk. Hence, she has filed this claim petition against the respondent. Regarding this accident, Kedar police station registered a criminal case in Cr.No.10/99, on an alleged offence under Sections 279 and 337 of I.P.C. The petitioner further alleged that at the time of accident, she was a teacher and her monthly income was Rs.9,777/- per month and she has claimed Rs.1,50,000/- as compensation.

3. The respondent/Tamil Nadu State Transport Corporation, Villupuram Division has filed a counter statement and resisted the claim of the petitioner. The respondent does not admit the age, occupation, monthly income, the nature of the alleged injuries sustained by the petitioner, period of treatment, medical expenditure and disability etc., The manner of accident alleged by the petitioner is also incorrect. The petitioner was a pillion rider in the TVS 50 Champ bearing registration No.TN-32-8771 which was driven by her husband along with his two daughters in a rash and negligent manner, dashed against the respondent bus and thereby she fell down. As such, there is no negligence on the part of the driver of the bus and so the petitioner is not liable to get any compensation.

4. The Motor Accident Claims Tribunal passed a common order in MCOP Nos.307 and 308 of 2001. MCOP No.307 of 2001 had been filed by husband of the petitioner and he has claimed a compensation of Rs.1,50,000/- in that claim. In the present claim, his wife has claimed a compensation of Rs.1,50,000/-.

5. The learned Motor Accidents Claims Tribunal judge framed three issues namely

1) Whether the driver of the vehicle TN-31-N-0395 had driven the vehicle in a rash and negligent manner and thereby caused the accident?

2) Whether the petitioners are entitled for compensation as prayed by them and

3) To what other reliefs the petitioners are entitled to.

6. On these three issues, on the side of the petitioners, PW1 to PW3 were examined, namely PW1, Diviyabalan (Petitioner in MCOP No.307 of 2001) PW2, Kristina Sagaya Marry (Petitioner in MCOP No.308 of 2001) and PW3, Dr. Ravindran were examined. Ex. A1 to A18 were marked. Ex. A1- First information Report; Ex. A2 - Accident Register in the name of Diviyabalan; Ex. A3 – Admission and Discharge certificate issued to Diviyabalan; Ex. A4 - Wound certificate issued to Diviyabalan; Ex. A5 – Medico legal case proforma in the name of petitioner; Ex.A6- RC book of the vehicle bearing registration No.TN-31-N-0395; Ex. A7- driving licence of Balakrishnan; Ex.A8- Permit for the vehicle bearing registration No.TN-31-N-0395; Ex. A9 – Pay certificate issued to Diviyabalan by Headmaster; Ex. A10 – Accident Register in the name of Kristina Sagaya Marry; Ex.A11- Admis