LAWS(KAR)-2010-4-241

MUNIYAMMA, W/O. LATE CHIKKANANINGAPPA Vs. SRI BASAYYA GURUSIDDAIAH KAMBI AND THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD.

Decided On April 05, 2010
Muniyamma, W/O. Late Chikkananingappa Appellant
V/S
Sri Basayya Gurusiddaiah Kambi And The Divisional Manager United India Insurance Co. Ltd. Respondents

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the judgment and award dated 23rd December 2004, passed in M.V.C. No. 2150/2003 on the file of the VII Additional Judge, Member, Motor Accident Claims Tribunal -3, Court of Small Causes, Bangalore (SCCH -3) (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 66,000/ - with 6% interest, awarded in her favour as against her claim for Rs. 04.00 Lakhs, is inadequate.

(2.) THE appellant claims to be aged about 60 years and working as coolie, earning Rs. 2,000/ - per month. She was hale and healthy prior to the accident. The case of the appellant is that, at about 3.00 P.M., on 10 -01 -2003, when she was returning from Anekal with her daughter, after purchasing grocery items, near Shanimahatma Temple, an Auto bearing No. KA -05/A -3895 came at high speed, in a rash and negligent manner and dashed against her. As a result of the same, she sustained fracture of left femur and other injuries. She was treated in Anekal Government Hospital and Victoria Hospital. It is her case that she has spent reasonable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, she has to be compensated reasonably.

(3.) WE have heard learned Counsel for appellant and learned Counsel for Insurance Company for considerable length of time.