- (1.) It is the case of the respondent/minor Arunkumar, aged about 15 years, was a student. That on 26.09.2011 about 9.15am, when he was alighting from a State Transport Corporation bus bearing Regn.No.49N1559, at Elakkiampatti Government Boys Hr. Sec. School bus stop, the driver of the bus, without noticing him, started the bus in a rash and negligent manner and in the result, he fell down and sustained injuries. Initially, he was treated in Government Hospital, Dharmapuri and for better treatment, referred to Kurunji Hospital, Salem. A surgery has been performed. Due to the injuries, he could not concentrate in studies. A case in Cr.No.2029 of 2011 has been registered against the driver of the State Transport Corporation bus under Section 338 IPC on the file of Dharmapuri Police Station. Through, his father and as next friend, he has filed M.C.O.P.No.810 of 2011 on the file of the Motor Accidents Claims Tribunal (Chief Judicial Magistrate), Dharmapuri, claiming compensation of Rs.5,00,000/-.
(2.) Opposing the claim petition, the State Transport Corporation, denied the manner of accident set out in the claim petition. The Corporation denied the contention that the vehicle was involved in the accident. Without prejudice to the above, they disputed the quantum of compensation claimed under various heads.
(3.) Before the claims tribunal, father of the injured examined himself as PW1 and reiterated the manner of accident. PW2, is the Doctor who issued Ex.P4, disability certificate. Ex.P1, FIR, Ex.P2, Accident Register, Ex.P3, X-ray and Ex.P4, disability certificate, have been marked on the side of the respondent/claimant. RW1, is the driver of the State Transport Corporation bus.;