DIVISIONAL CONTROLLER Vs. RENAVVA W/O MUDAKAPPA MATTI

JUDGEMENT

(1.) This appeal is filed by the appellant - Corporation under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 05.07.2011, passed by the Member, MACT No.III, Bagalkot, (hereinafter referred to as 'The Tribunal', for short) in MVC No. 759/2008, awarding a compensation of Rs.4,72,000/- with interest at 6% p.a. from the date of petition till the date of realisation.

(2.) The appellant - Corporation in its memorandum of appeal has taken a contention that the Tribunal below has failed to take into consideration the oral and documentary evidence on record, which resulted in granting higher compensation. It failed to take note of the contributory negligence. The evidence led before it has not been properly appreciated by the Tribunal below. Further, stating that originally a criminal case was filed against an unknown person, which fact the Tribunal below failed to take note of, the appellant has prayed for setting aside the judgment and award under appeal.

(3.) On notice being issued, respondent Nos.1 and 5 are being represented by their learned counsel, respondent Nos. 2 to 4 being minors, are represented by their natural guardian - 1st respondent. The records of Tribunal below were called for and the same are placed before us.