Against the order of dismissal of the claim petition, legal representatives of the deceased, Manoharan have filed the present appeal has been filed.

2. Initially, the claim petition in M.C.O.P. No. 83 of 2003 was preferred by one Mr. Manoharan (since deceased) for the injuries said to have been sustained by him, in an accident, which occurred on 6. 2003.

3. The averments made in the Claim Petition are as follows: On 6. 2003, the claimant (since deceased) trying to board a bus bearing Registration No. TN-29-N-0900 at Dharmapuri Town Bus Stand following other passengers, the driver of the bus, without noticing the passengers, suddenly started the bus, in a rash and negligent manner and due to which, he fell down and his left leg was crushed. Immediately, he was taken to Dharmapuri Government Hospital and thereafter, referred to St. John’s Medical Hospital at Bangalore for better treatment. Prior to the accident, he was engaged in rearing cattle and earned Rs. 5,000/- per month. A case in Cr. No. 748 of 2003, was registered against the driver of the bus on the file of the Dharmapuri B-1 Town Police Station under Sections 279 and 338 IPC. He claimed a compensation of Rs.5,00,