Managing Director N W K R T C Hubli vs Sunita @ Shantha on 27 May, 2010

[Cites 2, Cited by 1]

Karnataka High Court

Managing Director N W K R T C Hubli vs Sunita @ Shantha on 27 May, 2010

Bench: H.N.Nagamohan Das

IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD |
DATED THIS THE 277! DAY OF MAY, 20 10 a. o
BEFORE ~ eo ,

THE HON'BLE MR. JUSTICE H.N. HAGAMOHAN DAS _

WRIT PETITION NO.23596/2005 (GM AC)

BETWEEN: re
1. MANAGING DIRECTOR NW K RTC HUBLI

... PETITIONER

(By Sri: PRABHA MURTHY, ADV. FOR PETITIONER}

AND

1. SUNITA @ SHANTHA™
W/O DATTATREYA TAVARAGERI
AGED ABOUT 50 YRS
.. "OCC-EX-TAILOR NOW HOUSEHOLD WORK
R/O TALIKOTI
TQ MUDDEBIHAL

-_BASAVARAJ S/O HALEBASAPPA ULLAGADDI

RAJESWARI ICE FACTORY AGED MAJOR
.~. QOCC'BUSINESS R/O LOKAPUR TQ MUDHOL

"DIST BAGALKOT

MS



3. MANAGER UNITED INDIA INSURANCE CO LTD>
DIVISIONAL OFFICE S.S.FRONT ;

ROAD BIJAPUR os Me ;
.. RESPONDENTS,

(By Sri: VR DATAR FOR R2 } THIS PETITION IS FILED UNDER ARTICLES 225 & 227 OF THE CONSTITUTION. OF INDIA, PRAYING TO™. QUASH THE JUDGEMENT AND AWARD DT. 20.6. 2005, IN- MVC NO.32/02 (ANN-A AND Bj. AWARDING A SUM OF RS.5,000/- ON THE. FILE. 'OF. THE COURT OF THE M.A.C.T., MUDDEBIHAL, -- AS >. "EXCESSIVE AND ARBITRARY. a THIS PETITIGN COMING ON'FOR FINAL HEARING, THIS DAY, THE COURT MADE. THE FOLLOWING:

(OKDER This. writ See against the award dated 20/6/2005 tp "MVC No. 32/02 passed by MACT 7 . Meddebihal awarding compensation of Rs.5,000/- to the respondents / 'Claimants.

2. 'In the motor accident on 28/10/2001, the first "respondent and others sustained injuries. Consequently, a : the first respondent and others filed the claim petitions, pa ai * ive before the Tribunal in MVC Nos.31/02 and 32/02. Before the Tribunal, evidence was adduced and ~cettain documents were produced. After hearing both the parties -

motor accident on 28/10/2001 was an account of rash™ and negligent driving the bus, bearing registration No. KA 19/F-1582 by its driver. Purther, the Tribunal! noticed that the first respondent sustained: some <enderness on her back chest-aind "neck and the same is supported by a documentary evidence as ver EX.P8. | By considering the oral and documentary evidence 'the Tribunal awarded global compensation. of Rs.5,000/- only. In the circumstances, J firid "no justifiable ground to interfere : : with the 'impugned order. Accordingly, Writ Petition is hereby rejected: . Sd/-

| JUDGE . . . Vmb

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