K NATARAJAN Vs. MANAGING DIRECTOR KSRTC CHIEF OFFICE

JUDGEMENT

(1.) Sustainability of the Award passed by the Tribunal limiting the compensation to the extent of 'no fault liability' under S.140 of the Motor Vehicles Act, in a claim filed under S.166, read with S.140 and 165 of the Act, after arriving at a finding that no compensation can be paid under S.166 of the Act, is the issue involved in this appeal. The appellant is also aggrieved for not entertaining the claim under S.163A of the Act.

(2.) The appellant was travelling in a Kerla SRTC bus bearing No. TR 741 on 13/11/1999. It is stated that there occurred some altercation between the conductor of the bus and a passenger when the bus was stopped for alighting the passengers. Later, the passenger who alighted from the bus threw a soda bottle against the conductor which hit against the appellant who was travelling in the bus, causing severe injuries to his left eye. This led to the claim petition filed before the Tribunal seeking for compensation under S.166, read with S.140 of the Act as aforesaid.

(3.) The claim was resisted from the part of the respondents contending that there was no negligence on the part of the driver of the bus and that the claimant had not suffered any injury in a 'motor accident' as contemplated under the Statute. The claimant was examined as PW 1, besides examining another witness as PW 2 and producing documentary evidence as Exts. A1 to A7. No evidence was adduced on the part of the respondents. On conclusion of the trial, the Tribunal held that the incident very much constituted a motor accident and that the contention raised from the part of the respondents to the contrary was not correct or sustainable (which has not been stated as challenged by the Insurer). After discussing the evidence on record, it was clearly held by the Tribunal that absolutely no negligence could be attributed on the driver or conductor of the bus and as such, no compensation could be paid to the claimant under S.166 of the Act. However, taking note of the fact that the claimant was entitled to have compensation under 'no fault liability' as stipulated under S.140 of the Motor Vehicles Act, the same was awarded by the Tribunal.