DIVISIONAL CONTROLLER, HUBLI Vs. NELHAL SHARNAPPA

JUDGEMENT

(1.) THE appellant has challenged the quantum of compensation granted to the 1st respondent for the injuries sustained in the motor vehicle accident.

(2.) THE facts reveal that on 28.02.2005, the 1st respondent herein, a District Judge, was proceeding in the bus bearing reg. No.KA -25/F -1681 and at 00.30 hours, the driver lost the control over the vehicle and the bus turtled. As a result, the 1st respondent herein suffered fracture of the left arm and he took treatment at Bangalore and in different other hospitals. There was permanent disability and therefore, a claim was made for compensation towards loss of income, medical expenses, pain, suffering mental agony, etc. The injured was examined as P.W.1 and the doctor, who assessed the disability is examined as P.W.2. Exs.P1 to 53 are the documents admitted in their evidence. On behalf of the respondents, R.W.1 was examined and no document was marked in his evidence. The Tribunal after hearing the counsel and on appreciation of the evidence on record, granted a sum of Rs.7,72,955 -00 with interest at 6% p.a. Aggrieved by the quantum of compensation, the present appeal is filed.

(3.) I have heard learned counsel for both the parties.