H THIRUKA JOIS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal filed under Section 173(1) of the Motor Vehicles Act, 1988 by the Managing Director, KSRTC, Bangalore is directed against the common judgment dated 20.06.2005 passed by the Motor Accident Claims Tribunal, Bangalore (SCCH-2) insofar as it relates to award in MVC.No.5118 of 2004.

(2.) The respondent herein filed claim petition under Section 166 of the Motor Vehicles Act seeking compensation for the personal injury said to have been sustained by him in the motor vehicle accident that occurred on 05.08.2004 near Yentaganahali, as a result, the KSRTC bus bearing registration No.KA-19/F-1745 dashing against the parked lorry by the side of the road. THE claim petition was opposed by the appellant-Corporation on the ground that the claimant did not suffer any injury therefore he is not entitled for any compensation.

(3.) During the course of the arguments, the learned Counsel for the appellant"Corporation brought to the notice of this Court that the appeals filed against the awards pertaining to the other connected claim petitions have been allowed by this Court and the matters have been remanded to the Tribunal for fresh disposal in accordance with law, mainly on the ground that the claimants in each of the cases have merely produced the wound certificates and have not examined the doctors who issued the wound certificates and in the absence of any such evidence, the Tribunal was not justified in awarding compensation merely on the basis of the wound certificate. A copy of the judgment in M.F.A.No.6422 of 2006, dated 17.12.2009 is also produced for perusal.