AI Structured Summary
Not yet generated for this judgment
Judgment
This appeal was filed on 2.4.2009 by the claimant seeking enhancement of compensation awarded by the Tribunal. That on the submission made by the learned counsel for the appellant that the appellant has filed an execution petition to execute the impugned award, this Court by order dated 28.7.2009 directed the appellant to furnish a copy of the order sheet of the said execution petition and ordered to list this appeal after two weeks. On 10.9.2009, the appellant was granted one week time to comply with the order of this Court dated 28.7.2009. On 17.1.2012, the appellant was granted two weeks time on request to produce copy of the order sheet of the execution petition in terms of the order dated 28.7.2009 on payment of cost of Rs. 1,000/-.
Today, neither the copy of the order sheet of the execution petition is produced as ordered by this Court on 28.7.2009 nor the appellant has paid the cost of Rs. 1,000/- as ordered by this Court on 17.1.2012 and nor there is representation for the appellant and therefore, the appeal is liable to be dismissed on the ground of non-compliance of orders of this Court dated 28.7.2009 and 17.1.2012.
I have also gone through the judgment and award of the Tribunal to see whether there is any scope for enhancement of compensation awarded by the Tribunal.
As per Ex.P-17 to 21-wound certificate, the claimant has sustained injuries on the forehead, near right eye and cut injury to left shoulder in a road traffic accident occurred on 125.1993 due to rash and negligent driving of the KSRTC bus KA-01-F-5209 by its driver. The claimant has not examined the doctor regarding nature of injuries sustained, duration of treatment undergone and disability suffered. Considering the same, the Tribunal has rightly awarded a compensation of Rs. 20,000/- with interest at 6% p.a. and there is no scope for enhancement of compensation. Accordingly, the appeal is dismissed both on the ground of non-compliance of orders of this Court dated 28.7.2009 and 17.1.2012 as well as on merits.
No order as to costs.