RIZWANA Vs. H N RAJESH

JUDGEMENT

(1.) Appellant met with a motor vehicle accident on 19/6/2004 and sustained injuries. She took treatment. Subsequently, she filed claim petition under Sec. 166 of Indian Motor Vehicles Act, 1988 (for short 'the Act') against the owner and insurer of the offending vehicle claiming compensation of Rs. 3,25,000.00 with interest and costs. The claim was contested by both the respondents. Issues were framed. Petitioner deposed as PW-1. Dr. R. Shashikanth, deposed as PW-

(2.) Ex. P-1 to Ex. P-14 were marked. For the respondents, RW-1 deposed and the insurance policy was marked as Ex. R-1. Appreciating the evidence on record, the Tribunal held that, petitioner sustained injuries in the road traffic accident in question and that, she is entitled to compensation of Rs. 86,400/-with interest. The claim petition was allowed in part. Dissatisfied with the award, she has preferred the appeal. 2. The accident, the finding of actionable negligence, sustaining of injuries as a result of the accident by the appellant and the insurance coverage are not under challenge.

(3.) Heard learned counsel on both sides. Perused the record. The only point for consideration is: Whether there is just award ?