1. The appeal is preferred by the appellant/Transport Corporation against the award dated 11.6.2004 made in MCOP No.73/2003 by the Motor Accident Claims Tribunal (District Judge) Udhagamandalam.

2. Background facts in a nutshell are as follows:

The first respondent /claimant was injured in a motor vehicle accident that took place on 10.5.2003 at about 2.00p.m .One Sivakumar was riding the scooter bearing Registration No.TN-43-A-3116 with the claimant as a pillion rider towards west on the left side of the Thottapetta to Ooty road near Kannappan Estate. At that time, a bus bearing Registration No.TN-38-N-0305 belonging to the appellant Transport Corporation came in a rash and negligent manner and hit against the scooter. Due to the same, the claimant thrown out and sustained grievous injuries all over the body. He claimed a sum of Rs.7,50,000/- as compensation. The appellant-Transport Corporation resisted the claim. On pleadings the Tribunal framed the following issues:-

"1.Whether the accident had occurred due to the rash and negligent driving of the driver of the bus belonging to the appellant/Transport Corporation?

2. Whether the claimant is entitled to any claim?