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Judgment
Ravi Malimath
At the request of both counsels the matter is taken up for final disposal. Aggrieved by the judgment and award dated 06.09.2008, passed by
the Prl Civil Judge (Sr. Dn.) & Add). M.A.C.T., Udupi, in MVC No. 451/2007, the claimant has filed this appeal seeking enhancement.
The ease of the claimant is that on 05.11.2007 at about 6.11 p.m., when the claimant was standing by the side of the road near New Marigudi
bus stop, Kaup Market to cross the road, at that time a motor cycle bearing No.KA.20.R5862 came from Mangalore side, driven by its rider in a
rash and negligent manner and dashed the claimant. As a result, the claimant sustained injuries. She undertook treatment in hospital as inpatient
Accordingly, a claim petition was filed by the claimant. By the impugned judgment and award a sum of ` 1,03,000/- was awarded by the
Tribunal with interest @ 8% from the date petition till date of realisation. Being dissatisfied with the quantum of the award, the claimant has
presented this appeal seeking enhancement.
Heard the counsel and examined the records,
On perusal of the materials on record, it is seen that except the claim made by the claimant, no persons have been examined in support of the
claim. There is no Doctor to speak about the injuries sustained by the claimant. Except the Wound Certificate at Exhibit - P4, there is no other
material to show the nature of injuries suffered. Further, the Wound Certificate has not been substantisted by any Doctor. Inspite of lack of
evidence, the Tribunal has granted a luxurious compensation. Under these circumstances, I do not find any ground to enhance the compensation.
The judgment and award passed by the Tribunal is just and reasonable and does not call for interference. Accordingly, the appeal is dismissed.
Ordered Accordingly.