NAZEER AHMED Vs. CHETAK TRAVELS

JUDGEMENT

(1.) Though this matter is listed for admission, with the consent of learned counsel for the parties, the matter is taken up for final disposal.

(2.) The factual matrix of the case of the appellant is that on 23/3/2008 at about 8.30 a.m., when the appellant was traveling in a bus bearing registration No.KA-25/9360 to go to Kalaghatagi, the driver of the said bus drove the bus in a rash and negligent manner and lost control over the vehicle and dashed against the road side tree. As a result of the accident, the appellant sustained injuries and took treatment both as inpatient and outpatient. Before the accident, he was hale and healthy and working as a Contractor of Centering and Bar bending work at Hubballi-Dharwad and earning Rs.9,000.00 p.m. Due to the accidental injuries, he is permanently disabled and he has lost his income.

(3.) In support of his claim, he got examined himself as PW-1 and a doctor as PW-2 and got marked documents Ex.P.1 to Ex.P.13. On the other hand, the respondents got examined RW-1 and got marked policy as Ex.R.1. The Tribunal after consideration of both oral and documentary evidence granted compensation of Rs.5,000.00 with interest at the rate of 6% p.a. and directed NWKRTC to pay the compensation. Being aggrieved by the said judgment and award, the present appeal is filed by the injured claimant.