THE GENERAL MANAGER, KSRTC Vs. M.T. DHAMODHARAN

JUDGEMENT

(1.) THIS appeal by the Corporation is directed against the judgment and award dated 14th October 2010, passed in MVC No. 10/2005, by the Senior Civil Judge and Motor Accident Claims Tribunal, Madikeri, (for short, 'Tribunal') for reduction of compensation on the ground that, the compensation of Rs. 19,19,328/ -, awarded in favour of the injured claimant as against his claim for Rs. 28,00,000/ -, is highly exorbitant and excessive.

(2.) THE facts in brief are that, at about 9:30 A.M., on 25 -11 -2003, when the injured claimant along with others was moving by Maruthi Van from his native place to Madapura, Somwarpet, near Hosathota, the driver of KSRTC Bus bearing Registration No. KA -01/F -7363 came from opposite direction, from Madiken towards Somwarpet in a rash and negligent manner and dashed against the Maruthi Van, due to which, the injured claimant and other inmates sustained grievous injuries and therefore, he was immediately shifted to Mangalore Nursing Home, where he took treatment as in -patient

(3.) ON account of the injuries sustained, the claimant filed the claim petition before the Tribunal, seeking compensation of a sum of Rs. 28,00,000/ - against the Corporation and others. The said claim petition had come up for consideration before the Tribunal on 14th October, 2010. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 19,19,328/ - under different heads, with 6% interest per annum on Rs. 17,19,328/ -, from the date of petition till the date of deposit. Being aggrieved by the quantum of compensation awarded by the Tribunal, the Corporation is in appeal before this Court, seeking substantial reduction of compensation.