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1998 Supreme(Kar) 3

CHIDANANDA ULLAL
KARNATAKA STATE ROAD TRANSPORT CORPORATION, BANGALORE – Appellant
Versus
DHARMANNA – Respondent


Advocates:
D.VIJAY KUMAR

CHIDANANDA ULLAL, J.

( 1 ) THIS appeal is filed by the KSRTC to challenge the judgment and award in case No. MVC 436/88 dt. 10-8-93 passed by the Principal District Judge and Motor Accident Claims Tribunal, Dharwad, whereunder he had awarded a global compensation of Rs. 64,600/- on the death of a girl child aged about 10 to 11 yrs.

( 2 ) I heard the learned Counsel for the appellant Sri D. Vijaykumar. The respondents having been served with notices have remained absent before this Court. I have also perused the case records.

( 3 ) THE learned Counsel for the appellant while taking me through the facts of the case and the impugned judgment and award argued that the global compensation of Rs. 64,600/- awarded by the Motor Accident Claims Tribunal due to the death of the girl-child aged about 11 years was totally on the high side. It is also argued by him that a child who admittedly was 11 years could not be taken by the Motor Accident Claims Tribunal as a wage earner to hold that she was earning a monthly income of Rs. 450/- as coolie in the absence of any material evidence except the oral evidence on the part of the respondent No. 1 before the Motor Accident Claims Tribunal. Accordin












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