MANAGING DIRECTOR, CUSTODIAN IIF, REPRESENTED BY ITS CHIEF LAW OFFICER Vs. MAHESH, S/O. PATEL KARIGOUDA AND NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS appeal by the Corporation is directed against the impugned judgment and award dated 18th January 2007, passed in M.V.C. No. 438/2005, by the Principal District Judge and Motor Accident Claims Tribunal -I, Mandya, (for short, 'Tribunal') for reduction of compensation on the ground that, the compensation of Rs. 85,000/ - awarded in favour of the claimant as against his claim for Rs. 02.00 Lakhs, is excessive and is on the higher side.

(2.) THE claimant claims to be aged about 38 years, working as Group D employee in Agriculture Department and was hale and healthy prior to the date of accident. That the occurrence of accident at about 1:45 P.M., on 06 -09 -2001, in front of Nidagatta check post, on account of rash and negligent driving by the driver of the KSRTC bus and the resultant injuries sustained by the claimant are not in dispute. The claimant sustained fracture of right clavicle, right tibia left tibia and both bones of left, forearm which includes ulna besides tenderness over the chest and lacerations on other parts of the body and he was in -patient in the Hospital for about 22 days.

(3.) I have heard learned Counsel for Appellant Corporation and learned Counsel for claimant, for quite some time.