J.NISHA BANU,J. - (1.) This Civil Miscellaneous Appeal has been filed against the judgment and award made in M.C.O.P. No.526 of 2011 dated 10.07.2014 on the file of Motor Accidents Claims Tribunal, District Court, Karur.
(2.) It is the case of the respondents/claimants that on 29.09.2009 about 04.45 p.m., the deceased Arumugam was travelling in a bus bearing registration No.TN-38-N-0618 belonging to the appellant transport corporation. While the bus was proceeding on Pollachi-Palladam road near Sinneripalayam Atchaya Matriculation School, the driver of the bus had driven the same in a rash and negligent manner and suddenly applied brake, as a result of which, Arumugam fell down from the bus and sustained head injuries and fractures all over the body. Despite treatment, he died on 12.10.2009. Two wives, daughter, three sons and mother of the deceased filed M.C.O.P.No.526 of 2011 on the file of Motor Accidents Claims Tribunal, District Court, Karur, claiming compensation of Rs. 8,00,000/-.
(3.) The appellant transport corporation filed counter contending that the deceased was in intoxicating mood and while travelling in the bus, he felt vomiting and hence he stepped down to the rear foot board of the bus and while vomiting, he lost balance and fell down thereby invited the accident. Therefore, the driver of the bus was not responsible for the accident.;