1.

MFA No.4844/2020 is by the BMTC, challenging

the finding of the Tribunal that the driver of the BMTC

alone was responsible for the accident and also the

quantum awarded.

2.

MFA No.541/2021 is by the claimant seeking for

enhancement.

3.

As per the evidence of the driver of the BMTC

bus who was examined as RW1, the accident occurred

when the claimant was trying to over take the bus

from the left side of the bus and she lost her balance

and hit the centre door of the bus and as a result, fell

4

down on the road and had suffered injuries. Thus, the

fact that there was an impact between the two

wheeler and the bus, is admitted by the driver of the

BMTC bus himself and thus, it cannot be in dispute

that the accident did occur between the bus and the

two wheeler. Having regard to the evidence of the

driver of the BMTC bus, the argument sought to be

advanced by Sri.Vijaya Kumar, learned counsel, on

the ground that the accident itself was doubtful,

cannot be accepted.

4.

During the course of cross examination, the

driver of the BMTC bus has also admitted that there

was a bus stop near the point of impact. This indicates

that, in all probability, the bus driver swerved his bus

to the left