LAWS(KAR)-2020-7-254

M SHRUTHI Vs. BRANCH MANAGER

Decided On July 23, 2020
M Shruthi Appellant
V/S
BRANCH MANAGER Respondents

JUDGEMENT

(1.) The claimant, in this appeal, is seeking for enhancement of compensation awarded to him by the Tribunal.

(2.) It is not in dispute that the claimant was traveling in Tempo trax bearing registration No.KA- 37/8496 which met with an accident on 06.01.2011, as a result of which, the claimant suffered a fracture of her left femur, for which she sought for compensation.

(3.) The Tribunal on consideration of evidence adduced before it, recorded a finding that the accident did occur due to the negligence of the driver of the Tempo Trax and it proceeded to award compensation of Rs.1,68,660/-. It however exonerated the insurance company from the liability of satisfying the award on the grounds that the driver of the Tempo Trax did not possess a valid driving licence to drive a transport vehicle.