1. The claimant has filed compensation petition in M.C.O.P.No.3269 of 1999, on the file of the Motor Accident Claims Tribunal/Fast Track Court No. IV, Chennai, against the respondents herein stating that on 07.04.1998, at about 00.30 hours, when she was travelling, as a coolie, in a lorry, on the G.S.T. Road, the lorry bearing Registration No.TN-28-6343, coming from the opposite direction and driven by its driver in a negligent manner had dashed against the lorry wherein she had travelled. As a result, she had sustained injuries.

2. The Insurance Company has filed counter statement and opposed the claim petition. The respondent submitted that the accident was not caused due to any negligent driving of the 1st respondent. Further, the claim is not a bonafide one.

3. On verifying the averments of both parties, the Tribunal had framed two issues namely:-

(1) Due to whose negligence was the accident caused? And

(2) Whether the claimant is entitled to get compensation? If so, what is the quantum of compensation?

4. On the side of the claimant, two witnesses were examined and 5 documents were marked as Exhibits P1 to P5 namely: Ex.P1-Discharge medical summary; Ex.P2-O.P.Chits; Ex.