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2003 Supreme(Kar) 805

RAM MOHAN REDDY, S.R.NAYAK
KANAYYALAL – Appellant
Versus
DIVISIONAL CONTROLLER, KARNATAKA STATE ROAD TRANSPORT CORPORATION – Respondent


Advocates:
B.S.Patil, D.VIJAYA KUMAR

S. R. NAYAK, J.

( 1 ) IN an injury case the claimant not being satisfied with the compensation awarded by the Claims Tribunal has preferred this appeal under section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') and claimed more compensation under various heads. The appeal is directed against the judgment and award dated 5. 1. 1999 passed in M. V. C. No. 350 of 1996 on the file of the Motor Accidents claims Tribunal-IV at Bijapur (for short 'the MACT' ).

( 2 ) THE facts of the case in brief are as follows: the claimant oh 31. 1. 1996 sustained certain injuries in an accident involving motor vehicle (bus) owned by the respondent corporation. The fact that the accident took place on account of rash and negligent driving of the driver of the Corporation's bus is not in controversy. Therefore, there is no need for us to review the factual finding recorded by MACT on actionable negligence attributed to the driver of the bus.

( 3 ) THE claimant who was aged 38 years on the date of accident claims to be a businessman dealing in textiles and earning monthly income of Rs. 5,000. Appellant claimant claimed total compensation of rs. 11,25,000 on various heads.

( 4 ) THE claim of a





























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