3.The appellant is the respondent in M.C.O.P.No.2389 of 2007 on the file of Motor Accident Claims Tribunal, III Small Causes Court, Chennai. The respondent filed the said M.C.O.P claiming a sum of Rs.6,00,000/- as compensation for the injuries sustained by him in the accident that took place on 17.07.2006. According to the respondent, the accident has occurred only due to rash and negligent driving by the driver of the bus belonging to the appellant. The appellant filed counter statement and denied the same. Before the Tribunal, the respondent examined himself as P.W.1, Dr.K.J.Mathiazhagan was examined as P.W.2 and marked 17 documents as Exs.P1 to P17. On the side of the appellant/Transport Corporation, the driver of the bus was examined as R.W.1. The appellant/Transport Corporation did not mark any document. The Tribunal considering the pleadings, oral and documentary evidence held that the accident has occurred only due to rash and negligent driving by the driver of the bus belonging to the appellant/Transport Corporation, the respondent has contributed to 25% negligence, fixed 75 : 25 negligence on the part of the driver of the bus belonging to the appellant/Transport Corporation as well as the respondent respectively, awarded a sum of Rs.4,09,150/- as compensation and directed the appellant/Transport Corporation to pay a sum of Rs.3,06,865/- being 75% of the compensation to the respondent.
