YALLAMMA Vs. D SRIRAMALU

JUDGEMENT

(1.) This appeal by the claimant is directed against the impugned judgment and award dated 21st February 2005, passed in M.V.C. No. 2138/2003, by the IV Additional Judge, Member, Motor Accident Claims Tribunal, Court of Small Causes, Bangalore (SCCH-6), (for short, Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 86,197/- awarded in her favour as against her claim for Rs. 04.00 lakhs, is inadequate.

(2.) The Appellant claims to be aged about 30 years, by occupation, a vegetable vendor, and earning a sum Rs. 4,000/- per month. She was hale and healthy prior to the date of accident. That at about 2:10A.M., on 15.12.2002, when the Appellant was travelling in a Tempo along with her vegetable goods from Kagganur to Bangalore near Thindly Gate, Sarjapura Hobli, at that time, the driver of the said Tempo bearing No. KA-05/3-2538 drove the same at high speed, in a rash and negligent manner and dashed against the Appellant, due to which she fell down and sustained injuries and she was immediately shifted to Agape Hospital for treatment.

(3.) It is the case of the Appellant that on account of the injuries sustained, she has taken treatment for about 22 days as in-patient in the Hospital, during which period, she has spent considerable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and the Doctor has assessed the functional disability at 36% towards limb and 12% in respect of whole body and therefore, it is her case that the impugment and award is liable to be modified by awarding reasonable compensation.