DIVISIONAL CONTROLLER Vs. SHIVAJI

JUDGEMENT

(1.) This appeal is filed by the appellant-Corporation challenging the judgment and award dated 15.11.2018, passed by the IV-Additional District and Sessions Judge and Additional Motor Accident Claims Tribunal, Belagavi (for short "the Tribunal") in MVC No.315/2016, whereby the Tribunal has granted compensation of Rs.4,80,500/- with interest at the rate of 6% p.a. from the date of petition till realization.

(2.) Brief facts of the case are that on 29.11.2015 at about 2:00 p.m. the deceased being a rider of motorcycle bearing registration No.MH-09/BR-1473 was proceeding on Ichalkaranji-Hathkanagale Road. At that time the driver of one M.S.R.T.C. bus bearing registration No.MH-20/D-8297 proceeding ahead of the motorcycle had abruptly stopped without any signal. As a result of the same, the rider of motorcycle dashed to the hind portion of the bus and that resulted in accident. Immediately the rider of motorcycle was taken to Ayush Hospital, Hythkanagale and then to Apple Saraswati Hosptial, Kolhapur, wherein he took treatment for five days. Thereafter on 04.12.2015, he succumbed to the injuries. Subsequently, the parents and brother of the rider of the motorcycle filed claim petition in MVC No.315/2016 before the Tribunal.

(3.) In order to establish their case, the claimants have examined one witnesses and marked 12 documents. On the other hand the Corporation has examined any witnesses nor marked any documents. On appreciation of the oral and documentary evidence, the Tribunal has granted compensation of Rs.4,80,500/- with interest at the rate of 6% p.a. from the date of petition till realization. Being aggrieved by same, the appellant- Corporation has filed this appeal.