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2003 Supreme(Kar) 42

S.B.MAJAGE
NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, CENTRAL OFFICE, HUBLI – Appellant
Versus
RAFIQ MOULASAB BAGAWAN – Respondent


Advocates:
D.VIJAYA KUMAR, Gangadhar Sangolli

S. B. MAJAGE, J.

( 1 ) THIS appeal by the appellant, who was respondent in MVC No. 1043 of 1999 on the file of the 1st Additional Civil Judge (Senior Division) and additional Motor Accident Claims Tribunal, Belgaum, challenging the order dated 22-12-2000, by which the respondents, who are parents of deceased 5 years' old child, are awarded compensation of Rs. 1,50,000/- since, according to the appellant-Corporation, the compensation awarded is exorbitant and requires to be reduced.

( 2 ) HEARD argument. It is submitted for the appellant-Corporation that the compensation awarded is exorbitant and not based on any substantive legal evidence or basis and as such, requires to be interfered with. On the other hand, learned Counsel for respondents-claimants supported the award. Perused the records carefully.

( 3 ) THE only point for consideration is: "whether the compensation awarded requires interference?"

( 4 ) IN the present matter, the deceased child was aged 5 years at the time of her death in bus accident on 24-4-1999. Though pleaded that she was going to school, the claimants failed to adduce any satisfactory evidence to hold that the deceased was studying in any school. The profess













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