D.T.C. Vs. KESARI DEVI

JUDGEMENT

(1.) THE present appeal is directed against the impugned award dated 28.04.2005, whereby the learned Tribunal has granted compensation for a sum of Rs.2,55,000/ with interest at the rate of 9% per annum from the date of filing of the petition till realization.

(2.) LEARNED counsel appearing on behalf of the appellant/Corporation has argued that though negligence has not been proved, despite that the learned Tribunal has directed the appellant/Corporation to pay the compensation.

(3.) LEARNED counsel for the appellant/Corporation has submitted that there was no negligence on the part of the Appellant No.2/driver of the offending vehicle but the police had deliberately filed the criminal case against the said vehicle and the driver. Accordingly, the learned Tribunal has directed the appellant/Corporation to pay the compensation amount.