MASTER NAVEEN KUMAR Vs. THE MANAGING DIRECTOR K.S.R.T.C., CENTRAL OFFICE, K.H. ROAD, SHANTHINAGAR, BANGALORE - 560027

JUDGEMENT

(1.) THE claimant has filed this appeal, dissatisfied with the compensation of Rs. 2,97,500/ - with interest awarded by the MACT. In a petition filed under Section );">166 of the Motor Vehicles Act, 1988 against the respondent for grievous injuries sustained in a road traffic accident on account of rash and negligent driving of the bus bearing registration No. KA -01 -F -7669 by its driver, owned by the respondent, the Tribunal having held that the accident in question was caused on account of rash and negligent driving of the bus by its driver and there being actionable negligence, the respondent, owner of the bus was held liable to pay compensation to the claimant. Taking into consideration the pecuniary and non -pecuniary loss suffered by the claimant/appellant, the Tribunal passed the award, noticed supra. Respondent has not questioned the award passed by the MACT, either by filing an appeal or cross objection. Thus, the findings recorded by the MACT against the respondent and the liability of the respondent to pay the assessed compensation, has attained finality. Sri R. Chandrashekhar, learned counsel for the appellant, firstly, contended that the Tribunal has committed an error in not holding that there is 100% functional disability and not awarding just and reasonable compensation under the heads, loss of future earnings and loss of amenities of life, including loss of marriage prospects. Learned counsel submitted that there is no just and reasonable compensation passed by the MACT and hence, the impugned award may be modified and the respondent may be directed to pay just and reasonable compensation to the appellant. Learned counsel placed reliance on the decision in the case of Asraf Alli Vs. M/s Naveen Hotel Ltd., & Another (2009 AIR SCW 1325) .

(2.) SRI G.A.K. Gowda, learned counsel for the respondent, on the other hand, argued that the appellant has not made out a case for enhancement of compensation and sought dismissal of the appeal.

(3.) THERE being no challenge to the impugned Judgment and award by the respondent, the only point for consideration is, whether the Tribunal has awarded just and reasonable compensation in favour of the claimant/appellant?