SAROOMA W/O HABEEB Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) This appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal No.XI, Bellary (hereinafter referred to as 'The Tribunal, for short), by its judgment and award dated 06.04.2009, in MVC No.262/2007.

(2.) In her memorandum of appeal, the appellant has taken a contention that the compensation awarded by the Tribunal below under various heads is meager and requires to be enhanced. The Tribunal grossly erred in apportioning 50% liability on the KSRTC bus and 50% liability on the auto rickshaw, though the charge sheet was filed against the bus driver alone. Stating that the Tribunal below has grossly erred in concluding that the auto rickshaw was also contributed to the accident, the appellant has prayed for modifying the judgment and award under appeal by enhancing the compensation awarded to the quantum that is prayed in her claim petition originally.

(3.) Heard the arguments from both sides and perused the memorandum of appeal, impugned judgment and the entire materials placed before this Court.