BINEESH MANU Vs. H P DEVAYYA

JUDGEMENT

(1.) The appellant was a claimant before the Motor Accidents Claim Tribunal, Wayanad in OP(MV) No.549/95. The appellant was the passenger in a bus. The accident occurred on 8/12/94 while the petitioner was travelling in the bus bearing registration No.MYZ 6999. When the bus reached at Shettygery near Srimangala at about 5 P.M, the bus went upside down and thereby the petitioner sustained injuries. It was alleged that the accident occurred due to the negligence of the driver of bus, who is the first respondent. Petitioner was immediately taken to the hospital and admitted and treated there. The 2nd respondent was the owner and the third respondent was the insurer of the bus. The petitioner claimed an amount of Rs. 1 lakh by way of compensation.

(2.) The Tribunal had analysed the evidence and found that the accident occurred due to the rash and negligent driving of the bus and that there is valid policy of insurance. According to the appellant, though he asked for an adjournment to produce evidence in the matter, the same was not allowed and the Tribunal has passed the award, which is impugned in this case. The certificate issued by the doctor certifying disability of 5% was rejected by the Tribunal on the sole ground that the doctor was not examined in the case, though no such opportunity was afforded.The appellant would also contend that the compensation awarded on the various heads are low and the fixation of the income at Rs.1,000/- notionally is too low.

(3.) Learned counsel appearing for the insurance company on the other hand would justify the award passed in this case. However, he submitted that as regards non grant of any compensation towards permanent disability, considering the nature of the injuries sustained, the disability compensation can be fixed by this court itself.