The Transport Corporation which figured as the sole respondent before the Motor Accident Claims Tribunal (Principal Subordinate Judge), Nagapattinam has filed this Civil Miscellaneous Appeal as against the judgment and award of the said Tribunal dated 19.06.2001 made in M.A.C.T.O.P.No.124 of 2000 on the file of the said Tribunal.

2. The respondent herein had filed the above said MACTOP on the file of the Motor Accidents Claims Tribunal (Principal Subordinate Judge), Nagapattinam claiming a sum of Rs.2,35,000/- as compensation for the injuries allegedly sustained by him in an accident that took place at 5.15 a.m on 02.06.1999 at Boothamangalam bus stop.

3. In support of his claim the respondent herein had made the following averments in the claim petition:-

On 02.06.1999 at about 5.15 a.m, while respondent herein (petitioner) was waiting for the bus at Boothamangalam bus stop, the bus bearing Registration No.TN-32 N-0323 belonging to the appellant transport corporation came there driven by its driver in a rash and negligent manner and dashed against and ran over the respondent herein (petitioner) as a result of which, the respondent herein (petitioner) sustained multiple grievous injuries including fracture of tibia and fibula on the left leg and an injury on the dorsal part part of right leg. Immediately after the accident, the respondent herein (petitioner) was taken to the Government hospital, Koothanallur and then transferred to the Government hospital, Mannargudi. From there he was again transferred to Raja Mirasudar Government hospital, Thanjavur, where he was treated as an in-patient. After getting treatment as an in-patient in the said hospital, the respondent herein/petitioner got himself discharged from the said hospital and admitted in a private hospital for better treatment. Regarding the said accident a case was registered on the file of Mannarguid Police station as Crime No.145/99 for offences under section 279 and 338 IPC. The driver of the above said bus belonging to the appellant transport corporation was at fault and it was purely due to the rash and negligent driving of the above said bus the accident took place. Therefore, the appellant transport corporation being the owner of the said bus should be directed to pay compensation to the petitioner for the injuries sustained by him and the consequences flowing from the same. Though the respondent herein (petitioner) assessed the damages, that could be claimed by him, at Rs.2,35,000/-, restricting his claim to Rs.2,00,000/-only he had prayed for an award against the appellant transport corporation for the payment of the said amount together with interest from the date of petition and cost.

4. The claim was resisted by the appellant transport corporation by filing a counter statement denying the petition averments regarding the manner in which the accident took place, the alleged negligence on the part of the driver of the bus and the nature of injuries sustained and the nature of treatment taken by the respondent herein (petitioner). Besides the said denial of the petition averments, the following averments were also made by the appellant transport corporation in its counter statement: On 02.06.1999, the bus belonging to the appellant was proceeding from Thanjavur towards Mannargudi. At about 4.30 a.m when it reached Boothamangalam village and was proceeding slowly towards the bus stop, the respondent herein (petitioner), in an attempt to commit suicide, jumped in front of the bus pursuant to which he sustained injuries as the left side front wheel of the bus hit him. When he was questioned by the driver of the bus as to why he jumped in front of the bus all of a sudden, he informed the driver that he wanted to end his life as he was frustrated. The appellant transport corporation also reliably learnt that the respondent herein/petitioner was suffering from mental depression and even his wife was not willing to admit him in the hospital. The amount