MUSTAQ AHAMED Vs. SHIVAPPA ALIAS SHIVA

JUDGEMENT

(1.) THIS appeal by the owner of the offending vehicle is directed against the judgment and award in MVC No. 4826/2009 dated 20.01.2011 on the file of the Motor Vehicles Accident Claims Tribunal, Bengalore, whereby the Tribunal has awarded total compensation of Rs. 30,000/ - with interest at 6% p.a. from the date of the petition till the date of deposit in favour of the respondent/claimant. I have heard the learned counsel for the parties.

(2.) THE contention of the learned counsel for the appellant/owner of the vehicle is that the claimant has not produced any materials to establish that he had sustained grievous injuries in the accident except the wound certificate. Therefore, award of compensation is excessive.

(3.) LEARNED counsel for the appellant has taken me through the evidence of the parties. It is clear from the wound certificate that the claimant had sustained only the fracture to lower end of radius right hand. He has taken conservative treatment as an out patient. He has not examined the Doctor, who had treated him. I am of the view that the compensation awarded is slightly excessive. In the result, the appeal succeeds and is accordingly allowed in part. The claimant/respondent is awarded Rs. 25,000/ - inclusive of interest as against the award of compensation of Rs. 30,000/ - with interest. The amount in deposit in this appeal shall be transferred to the Tribunal forthwith. The respondent/claimant is permitted to withdraw the said amount in full and final settlement of the award amount. No costs.