Tamil Nadu State Transport Corporation (Villupuram Division I) Ltd. formerly known as Thanthai Periyar Transport Corporation vs Nagarajan rep. by father and natural guardian Rajagopal

AR. Ramalingam, J.—Aggrieved against the award passed by the Motor Accident Claims Tribunal (Sub Court), Chidambaram in

M.C.O.P.No.374 of 1995 for Rs. 3000/= with interest at the rate of 12% per annum from the date of petition, the Managing Director, Tamil

Nadu State Transport Corporation(Villupuram Division I) Limited has filed this revision.

As rightly pointed out by the learned counsel appearing for the revision petitioner, in the light of the available materials records, I am able to see

from the judgment passed by the Sub Court, Chidambaram to the effect that the claimant viz., one minor Nagarajan through his father Rajagopal

seems to have claimed compensation of Rs. 10,000/= for the injuries said to have been sustained by him due to the accident occurred on

28.3.1995 (Cuddalore-Chidambaram road near Mullipallam) because of a dash between two transport buses bearing registration numbers TN 31

N 183 and TN 32 N 535 and that further FIR appears to to have been registered against the driver of the bus bearing registration No. TN32 N

535 as evidenced by Ex.P1 and Ex.P2 viz., M.V.Report and Ex.P3 rough sketch indicating the place of occurrence, etc., and that further the

Tribunal seems to have awarded compensation of Rs. 3000/= on assumption or inference as if the claim petition could not be a false one.

Consequently, it is to be indicated that the Tribunal has miserably failed to consider the oral evidence of PW1 viz., father of the minor claimant

as well as non production of any piece of proof showing the nature of injuries said to have been sustained by him like O.P.chit or any prescription

or any doctor''s certificate and also the question of fact whether actually the boy sustained injuries in the said accident and the fact whether the boy

was actually travelling in the bus at the time of accident by producing any proof such as ticket purchased by him, etc. or by examination of any co-

passenger, etc. In such circumstances, it is too much on the part of the Tribunal to award a sum of Rs. 3000/= without any piece of proof showing

the fact of travelling in the bus by the boy and sustaining injuries in the accident and getting treatment in any hospital or from any doctor for such

injuries.

Consequently, I am of the view that inasmuch as the revision petitioner also happens to be a Government Corporation, cannot be burdened with

such amount as if liable to be paid to the claimant. Accordingly, this revision deserves to be allowed and the same is allowed. The award passed

by the Tribunal is set aside. No costs.