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Judgment
Pankaj Mithal, J.
Typed copy of the judgment filed today is taken on record.
Heard learned counsel for the appellant.
The Tribunal has awarded a sum of Rs. 20472/ with 6% interest for the injury sustained by the claimantrespondent in an accident which took place on 20.10.2006.
The argument of the learned counsel for the appellant is that on the aforesaid date no accident took place with the bus in question and, therefore, the appellant is not liable for payment of any compensation. The finding recorded by the Tribunal in this regard is perverse.
I have gone through the judgment, order and award of the Tribunal and finds that a clear finding has been returned by the Tribunal that on the aforesaid date the bus had plied over the said route where the accident had taken place. On the FIR being lodged chargesheet has been submitted against the driver Nathu Ram. Now merely for the reason that the FIR was lodged late and the bus could not be detained on the spot it could not be said that the accident had not taken place from the said bus.
Learned counsel for the appellant also argued that the amount awarded is excessive. Admittedly, the claimantrespondent has suffered fracture in his knee for which he was medically treated. Therefore, by any stretch of imagination compensation of Rs. 20472/ awarded for the purposes is not at all excessive.
In view of the aforesaid, I find no perversity in the finding so recorded. Accordingly, the appeal lacks merit and is dismissed.
A sum of Rs. 10236/ deposited by the appellant in this Court at the time of filing of the appeal shall be remitted to the Court below, if not already sent, for adjustment in the compensation to be paid.