LAWS(KAR)-2012-8-304

MANAGING DIRECTOR N.E.K.R.T.C, SARIGE SADAN GULBARGA NOW REPRESENTED BY ITS CHIEF LAW OFFICER NEKRTC, CENTRAL OFFICE GULBARGA Vs. SUMITRABAI W/O CHANNA GOUDA PATIL, GULBARGA

Decided On August 28, 2012
Managing Director N.E.K.R.T.C, Sarige Sadan Gulbarga Now Represented By Its Chief Law Officer Nekrtc, Central Office Gulbarga Appellant
V/S
Sumitrabai W/O Channa Gouda Patil, Gulbarga Respondents

JUDGEMENT

(1.) APPEAL by North Eastern Karnataka Road Transport Corporation, Gulbarga under Section );">173 (1) of Motor Vehicles Act, 1988 against the Judgment and award dated 30.05.2011. In a road accident involving vehicle of the. Corporation, the respondent -claimant had been injured and she had filed a claim petition before the Tribunal.

(2.) THE Tribunal examined the claim petition in support of which the claimant led oral and documentary evidence. She got herself examined before the Tribunal as PW. 1 and one Doctor Sri. Kishore Mengaji being examined as Technical expert to assess impact of the injury suffered by the claimant on future earning capacity and also exhibited Ex. P.1 to Ex. P.38 which consisted of documents, relating to the registration of the case against driver of the vehicle, chargesheet, spot panchanama, report of the Inspector of the Motor Vehicles, wound certificate, medical prescription, the disability certificate issued by the Doctor were all exhibited apart from X -ray photos and the report were also placed before the Tribunal.

(3.) BE that as it may, I do not find any error in appreciation of such evidence by the Tribunal and it cannot be characterised that the claimant had fabricated the bills only to claim higher compensation. Having regard to the total compensation of Rs. 93, 100/ - awarded in favour of the respondent, in respect of the claim, I do not find any need or scope for interference with the Judgment and award of the Tribunal.