NORTH EAST KARNATAKA Vs. BALAMMA

JUDGEMENT

(1.) APPEAL is listed for orders on I.A.No.1/2012 to issue notice to respondents by way of paper publication. Heard learned counsel for the appellant on merits of the case.

(2.) LEARNED counsel for the appellant ­ Road Transport Corporation submits that the Tribunal has awarded exorbitant compensation and the same has to be reduced.

(3.) THE claimants are wife and minor daughter of the deceased Ambanna. Claim petition was filed seeking compensation towards death of Ambanna who died in the motor accident that occurred on 15.08.2004. According to them the accident occurred due to rash and negligent driving of the Road Transport Corporation bus by its driver. The Tribunal has answered issue Nos.1 and 2 in favour of the claimants holding that the accident occurred solely due to rash and negligent driving of the bus by its driver and in that accident Ambanna sustained fatal injuries and died. The driver of the bus was examined as RW-1. But the Tribunal has rejected self-serving testimony of RW-1 on the ground that police have chargesheeted the driver of the bus under Section 279 and 337 of IPC.