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Judgment
N.K. Patil, J.—This appeal by the Corporation is directed against the impugned judgment and award dated 18th January 2007, passed in M.V.C. No. 438/2005, by the Principal District Judge and Motor Accident Claims Tribunal-I, Mandya, (for short, ''Tribunal'') for reduction of compensation on the ground that, the compensation of Rs. 85,000/- awarded in favour of the claimant as against his claim for Rs. 02.00 Lakhs, is excessive and is on the higher side.
The claimant claims to be aged about 38 years, working as Group D employee in Agriculture Department and was hale and healthy prior to the date of accident. That the occurrence of accident at about 1:45 P.M., on 06-09-2001, in front of Nidagatta check post, 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 sustained fracture of right clavicle, right tibia left tibia and both bones of left, forearm which includes ulna besides tenderness over the chest and lacerations on other parts of the body and he was in-patient in the Hospital for about 22 days.
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. 2.00 lakhs against the Appellant, insurer and the owner of the offending vehicle. The said claim petition had come up for consideration before the Tribunal on 18th January, 2007. The Tribunal, alter 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. 85,000/- with interest at 6% per annum from the date of petition till the date of payment. Being aggrieved by the quantum of compensation awarded by the Tribunal, the Appellant Corporation is in appeal before this Court, seeking reduction of compensation.
I have heard learned Counsel for Appellant Corporation and learned Counsel for claimant, for quite some 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. 85,000/- under different Heads, with 6% interest per annum, from the date of petition till the date of payment. The Tribunal, after assessing the oral and documentary evidence available on file, has 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 Appellant 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.