KUM SUMITHRA Vs. N V PUTTALAKSHMAIAH

JUDGEMENT

(1.) This appeal by the claimant is directed against the impugned judgment and award dated 10.2.2004, passed in M.V.C. No. 2325 of 2001, by XVI Additional Judge and Member, Motor Accidents Claims Tribunal, Bangalore (SCCH-14), (for short, 'the Tribunal') for enhancement of compensation on the ground that compensation of Rs. 99,375 awarded in his favour as against the claim for Rs. 5,00,000 is inadequate. The appellant claims to be aged about 5 years, studying in nursery and she was hale and hearty prior to the date of accident. That at about 7.30 p.m., on 23.4.2000, when the father of the appellant was standing near the road, at that time, the appellant came from her relatives house by crossing the road to go to her house. At that time, a bus bearing registration No. TN 32-C 7799 came from Hospet circle in a terrific speed driven in a rash and negligent manner and dashed against the appellant and as a result of the same, she fell down and thereafter, the left side front wheel of the bus stood on her right leg. As a result of the same, the right leg was crushed. The appellant was immediately rushed to Magadi Government Hospital for treatment and a complaint was lodged.

(2.) It is the case of the appellant that she was inpatient for 33 days in two different hospitals, during which period her father spent considerable amount for nourishing food, conveyance and attendant charges including medical and other incidental expenses and she has undergone amputation of her right leg below knee and the doctor has assessed disability in respect of right leg at 70 per cent and in respect of whole body at 50 per cent and, therefore, she has to be compensated reasonably.

(3.) On account of the injuries sustained in the accident, appellant, being a minor, represented by her father, filed the claim petition under section 166 of the Motor Vehicles Act before the Tribunal, seeking compensation of a sum of Rs. 5,00,000 against the respondents. The said claim petition had come up for consideration before the Tribunal on 10.2.2004. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 99,375 with interest at 6 per cent per annum from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant is in appeal before this court seeking enhancement of compensation.