BANGALORE METROPOLITAN TRANSPORT CORPORATION, CENTRAL OFFICE, K.H. DOUBLE ROAD, SHANTHINAGAR, BANGALORE BY ITS MANAGING DIRECTOR Vs. SMT. MUBEENA BEGUM W/O SRI KHALID NISHA

JUDGEMENT

(1.) AGGRIEVED by the Judgment and award dated 13 -8 -2007 passed in MVC No.4533/2006 by the XIX Additional Judge, Court: of Small Causes, Member, MACT, Metropolitan Area, Bangalore (SCCH No.17), the respondent has filed the present appeal questioning the liability and the quantum. It is the case of the claimant that on 25 -4 -2006 at about 4.45 p.m. when she was riding a Honda Activa two wheeler bearing No.KA -04 -EH -85 -48 at N.R. Road, one BMTC bus bearing No.KA -01 -F -1246 came in a high speed and dashed her vehicle in front of Corporation office. In the said accident the petitioner fell down and sustained severe injuries. She was shifted to P.D. Hinduja Sindhi Hospital, Bangalore, and undertook treatment between 25 -4 -2006 to 27 -4 -2006. Thereafter a claim Petition was filed seeking compensation for the same. The claim was resisted by the appellant. The Tribunal by the impugned Judgment and award granted compensation of Rs.2,00,000/ - with interest at 6% per annum. The said award is questioned by the respondent herein on the ground of liability and quantum.

(2.) SRI D.Vijayakumar, the learned counsel appearing for the appellant contends that the impugned Judgment and award is bad in law and liable to be set aside. There is no evidence on record to show that the liability has been established against the appellant. That the quantum of compensation awarded is far from excessive. There is no material to show that she was earning Rs.8,000/ - per month. Further that the injuries sustained by the claimant is mere abrasion and hence there cannot be disability to perform his duties. Hence he pleads that the appeal be allowed.

(3.) IN order to prove the income of the claimant she has produced the income tax returns vide Ex.P -14. The same is with reference to assessment year 2003 -04. On the basis of the said income tax return the income of the claimant has been taken at Rs.8,000/ - per month. I do not find any error committed by the Tribunal in assessing the income of the claimant at Rs.8,000/ - per month.