The bus was driven in high speed and in a rash and negligent manner when the bus reached Ningadahalli village, passed through a pit On the road, the appellant sustained art injury on fight eye as a broken glass piece of windo pane hit her eye resulting in visual disability to the extent of 35, She filed a claim petition before the Motor Accident Claims Tribunal seeking companypensation.
The learned companynsel for the appellant urged that the Tribunal, on the basis of evidence, both oral and documentary produced in support of the case of the appellant and withholding of the documentary evidence by the respondent was right in holding that the bus was involved in the accident the High Court gave undue emphasis to technicalities and niceties and arrived at a wrong companyclusion that the bus was number involved in the accident.
2001 3 SCR 747 The following Order of the Court was delivered Leave granted.
The Tribunal passed an award granting Rs.
On Appeal by the respondent, the High Court by the impugned judgment set aside the award passed by the Tribunal.
This appeal is directed against the judgment and award passed by the High Court of Karnataka and the claimant is the appellant.
The Tribunal on the basis of evidence recorded a finding that the bus was involved in the accident.
P/4 is the case sheet which shows that the appellant was admitted in the hospital on 27.2.1989.
The appellant vas travelling in a KSRTC bus bearing No.
The appellant PW 1 , one Ramchandra Gandhale PW3 , an independent witness who was travelling in the said bus, have spoken in support of the claim.
Thus on a proper appreciation of evidence, the Tribunal was quite justified in recording a finding that the said bus was involved in the accident.
Before the High Court, the only question that came up for companysideration was whether the motor accident occurred at all as alleged.
53,500 alongwith interest 9.
The defence of the respondent before the Tribunal was that the said bus was number at all involved in the accident.
CAP 3590 on 26.2,1989.
Hence this appeal.
