KSRTC, The Managing Director and Ajaj Uddir vs Nagaraju

N.K. Patil, J.—This appeal by the Corporation and the driver of the offending bus is directed against the impugned common judgment and award dated 27th December 2006, passed in M.V.C. No. 530/2004, by the II Additional Civil Judge (Sr. Dn) and Motor Accident Claims Tribunal, Mysore, (for short, ''Tribunal'') for reduction of compensation on the ground that, the compensation of Rs. 1.24,000/- awarded in favour of the claimant as against their claim for Rs. 07.75 Lakhs, is excessive and is on the higher side.

The claimant claims to be aged about 39 years, working as mason, earning a sum of Rs. 150/- per day and was hale and healthy prior to the date of accident. That the occurrence of accident at about 7:45 P.M., on 10-07-2004 near Nanjundeshwara circle, Kittur village on account of rash and negligent driving by the driver of the KSRTC bus and the resultant, injuries sustained by the claimant are not in dispute. The claimant has sustained fracture of both bones of left leg and other injuries all over the body and was inpatient in the Hospital for about 22 days. The Doctor has assessed the permanent whole body disability at 35.84%.

On account of the injuries sustained in the accident, the claimant filed the claim petition u/s 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs. 7.75 lakhs against the Appellants. The said claim petition had come up for consideration before the Tribunal on 27th December, 2006. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 1,24,000/- with interest at 6% per annum from the date of petition till the date of deposit. Being aggrieved by the quantum of compensation awarded by the Tribunal, the Appellants are in appeal before this Court, seeking reduction of compensation.

I have heard learned Counsel for Appellants and learned Counsel for claimant, for considerable length of time.

After careful perusal of the impugned judgment and award passed by the Tribunal, I do not find any error of law or material irregularity, as such committed by Tribunal, in awarding a sum of Rs. 1,24,000/- under different heads, with 6% interest per annum, from the date of petition till the date of deposit. The Tribunal, alter assessing the oral and documentary evidence available on Pie, has rightly assessed the income of the claimant at Rs. 2,500/- per month and assessing the whole body disability at 20%, awarded just and reasonable compensation under all the heads and therefore, interference by this Court in the impugned judgment and award is uncalled for.

For the foregoing reasons, the appeal filed by Appellants is liable to be dismissed as devoid of merit. Ordered accordingly.

The amount in deposit by the Corporation is directed to be transmitted to the jurisdictional Tribunal, forthwith.

Office to draw the award, accordingly.